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Rajib Banerji (Self Employed)     09 January 2013

Divorce case delayed.

My wife had left me in April 2006 since I had found out about her extra marital affair.Thereafter in August 2006 she had filed false criminal cases against me u/s 498A/406/34 and section 125 of CRPC claiming maintenance.In April 2007 she had filed for divorce on the grounds of cruelty along with section 24 to which I had given a written objection along with a counter claim on the same grounds.

The section 24 was disposed off by the Alipore district court in Calcutta  on September 2011 for a monthly alimony of Rs:10000/- & being not satisfied by the order I moved the Calcutta High Court who after hearing my case had ordered me to pay an interim alimony of Rs:5000/- per month till disposal of the same to which I am complying till date .I had not asked for any stay order in the matrimonial suit which is still pending in the Alipore district court.

Now if I file for Expiditious disposal of my matrimonial suit in Calcutta High Court how long would the lower district court take to dispose off the same since my estranged wife has broken off with her boyfriend and is delaying the proceedings of the matrimonial suit filed by her on some pretext or the other.

After getting divorce how soon will I be able to get married again since I am not living with my estranged wife since April 2006 and reconcilliation had failed.



Learning

 2 Replies

Chetan Joshi (Advisory/Advocacy)     10 January 2013

Rajib

 

You may read this for better understaing of speedy trials:

https://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp#.UO2-jm9tgcJ

 

 

If there lies no appeal against a divorce decree, you may marry the next day...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Shantanu Wavhal (Worker)     10 January 2013

yeh, 

u may file WRIT in HC


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