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Sunitha (None)     30 March 2014

Delay in appeal in high court-mutual divorce

 

   I applied for mutual divorce and my case got rejected in family court stating we are close relatives and we should discuss on being together.Appealed in high court and its been more than 10 months and waiting for appeal to happen.what is the orders appeals are addressed normally how long it takes for the appeal to be heard in court.Case in Ernakulam High Court..Appreciate any help or details provided.

  



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 11 Replies

Dhanalakshmi (Advocate)     30 March 2014

No time limit to for appeal. If both counsels argue the matter that will come to an end. first you have to check whether your matter is posted in court regularly. whether your and your hubbies getting adjournment frequently? if they are getting adjournment(time) in court you can't get relief early. seniority of the cases also taken into consideration in high courts to list your matter.

T. Kalaiselvan, Advocate (Advocate)     30 March 2014

Rightly advised by Ms. Dhanalakshmi in this regard.  Be in touch with your advocate regularly.

Advocate Ravinder (Advocate/Attorney)     30 March 2014

The family court will not reject the mutual divorce petition on the reason of close relation.  At any means, it has to take up the case and grant decree.  I do not know what is the reason, why you went for appeal in High court.  Pl clarify.

Sunitha (None)     30 March 2014

My mother and his father are siblings we had same lawyer and this was filed as single petition.they said this can be discussed and settled and I also heard there was some document not submitted properly.so we appealed on highcourt The appeal was made last may and the date was given December but still hear from lawyer case will be done almost ever month from then I tried watching cause list of highcourt everyday but my appeal no doesn't show for hearing does court hear based on cause list or is it something lawyer have to request for date.so wanted some advice what can be done under this scenario

Dhanalakshmi (Advocate)     30 March 2014

Ask your counsel to mention before concerned judge, then the matter will be taken up in the list.

Advocate Ravinder (Advocate/Attorney)     30 March 2014

I agree with Dhanalakshmi.

But what is the documents you have not properly.  Why you went to High Court.

T. Kalaiselvan, Advocate (Advocate)     30 March 2014

If you had filed a joint petition for mutual consent divorce and if the same was granted by the lower curt, what was the necessity to prefer an appeal, you have to state the full details for getting a proper opinion to your query. If the lower court dismissed your petition on the grounds stated by you, it is really pathetic because the lower court cannot dismiss the joint petition for the reasons stated by you, please clarify.

Sunitha (None)     31 March 2014

The information i got from lawyer and family is , he wanted our relatives to get involved and see for talk together.Only on this ground it was rejected.So we moved to high court.I feel there is a negligence from my lawyer end or something is not correct.i am trying to see with my case number when court will ready to hear my appeal .its been total of 8 months the appeal filed in high court.

would it be advisable to handle the case through another lawyer have been waiting from last May for the appeal to be heard in court and see the case status pending.lawyer prefers not to call him often.he mentioned the court date for me as dec 14th but then i see nothing happened that day and he said it will be over by jan ,feb and march.

I am afraid if i ask for other lawyer help would it be a problem ? its a mutual divorce no property division involved .Not sure how to get this and have been struggling two years.I appreciate all your responses.

If anyone would like to help and practices in high court of kerala i would like to have their contact information message so i can reach them out for help.

Advocate Ravinder (Advocate/Attorney)     31 March 2014

There is something to doubt on your Advocate.  Immediately change your Advocate.  There is some fishy.  You can contact me on my email id ravinder2345@gmail.com directly, so that we can discuss the issue in depth.  I will guide you how to solve your problem.

T. Kalaiselvan, Advocate (Advocate)     31 March 2014

Collect the case details of lower court as well as the high court, change the lawyer, look for a better and good person, engage him and proceed further, before that as advised by learned advocate Mr. Ravinder, contact him with your details and be guided about the next course of legal action.

Sunitha (None)     29 May 2014

Thanks everyone , I was waiting for the court to reopen and it opened last week , with all the input provided discussed with the lawyer and he said he have applied for urgent memo in the court for the case to be picked.Was trying to understand what is an urgent memo and normally how long it take for the case to be heared.Based on this i am planning to change lawyer .So wanted to  know the timelimit for an urgent memo to be addressed.Appreciate your inputs.


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