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Sufferer (Sufferer)     25 February 2017

Divorce case hanging.... need help for quick resolution

Hi All, Getting frustrated with the indian legal system in my divorce case which is contenstent one. Got married in Jun-2005 at UP. I work in Bangalore and lived in Bangalore post marriage. having 9 yr old daughter as well. I have filed divorce and child custody case at Bangalore family court in Apr-2013. Wife than filed TP at Apex court to transfer both the cases to UP. Sep-2014 Apex court ordered to try the cases at neutral location Hyderabad. Both the cases are being tried at Hyderabad family court and pending. summary of case- apr-2013 - Filed divorce and child custody cases at Bangalore family court. Sep-2014 - Apex court transferred both the cases to Hyderabad family court. Feb-2015 - Hearing started at HYD court with mediation order. Wife was present on the first date and than didnt turn up deliberately until Mar-2016 to the court. Please note there are two times mediation took place already 1st time with Bangalore family oucrt order and 2nd time during pendency of TP by the Apex court order. both times its failed. Jan-2016 - Ex parte order passed in my favour and court proceeded with ex parte evidence and statements etc mar-2016 - It was posted for divorce decree order but wife turned up and submitted exparte setting aside application stating she was not aware about the case stages. This is coUPlete lie and i can prove that in the court with evidence. Now her exparte setting aside application is pending but Judge got retired Mar-2016. Unfortunately till now there is no judge appointed and case is stuck. There was an option to reach out to In-charge court but due to dispute between bar counsel and in-charge court judge this matter is not taken up by them. No information on when new judge will be appointed its been almost a year. Questions- 1. can I approach High court for any relief ? like speedy trial or ? Even if HC order for speedy trial can they really help in posting my case to any available bench ? 2. Can high court take over from family court and pursue the case? 3. Can I bypass high court and approach apex court seeking some relief in the matter? 4. Any other suggestion that will work in my situation? Any help would be greatly appreciated. Thanks



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 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 February 2017

No, you can byepass the courts.  you have mentioned the gound you have sought for divorce.

adv. rajeev ( rajoo ) (practicing advocate)     25 February 2017

Sorry you cannot byepass the courts


(Guest)

What is the opinion of your advocate on this matter?  Please come out with that.  If he is providing wrong advice I can help you out by providing right advise.

 

https://www.lawyersclubindia.com/profile.asp?member_id=84464

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 February 2017

Dear Querist

My opinion on your queries are as under:

1. can I approach High court for any relief ? like speedy trial or ? Even if HC order for speedy trial can they really help in posting my case to any available bench ?

Opinion: There is an option in  the Hindu Marriage Act-1955, File an application when the court is in session U/s 21B of Hindu Marriage Act-1955 for disposal of the case within six months as per section 21B if the court is not disposal of the case within six month or dismissed your application then you may file an appeal against that order or you may directly file a writ petition for speedy trial of the case, the high court has power to pass an order and directed to trial court for disposal of the case within six moth or one year.

2. Can high court take over from family court and pursue the case?

Opinion:- No, high Court can not take over the case.

 

3. Can I bypass high court and approach apex court seeking some relief in the matter?
Opinion: you may file a writ petition before SC directly under Article 32 of CONSTITUTION OF INDIA FOR SPEEDY JUSTICE.

 

FEEL FREE TO CALL
 


(Guest)

You need to have patience. 


(Guest)
I know the court - it is addl family court in city civil court, Madina. Dude I'm sorry to say you are wasting your time. Getting divorce takes 6 years in that court and they usually don't give it if you have kids. Even if they give it can be appealed in high court. Only use of court is to get child visitations. Speedy trial motion - strongly doubt if it works. Courts don't speed up esp if you have kids. Looks like by the time your case settles your daughter will be 15 or 16 and child custody attempt will be no use. Try other alternatives. Really no use trying to get divorce through court. Try live in or casual relationships.

(Guest)

Live in relationship will attract DV case, you will have to pay alimony too.  You go jail, that is extra.


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