aman
(manager)
18 October 2016
Dear Sir, I filed divorce petition in district court in September 2014 on basis of adulterous and cruelty acts by my wife.
Recently my wife made her admission under Order 12 rule 6 about her cruelty acts with me and ready to give divorce and I also agreed for this but now judge is saying that Order 12 rule 6 is not applicable in case of divorce decree. Judge has taken her admission on record..!!!!
Here is some brief of my case history to understand better and suggest me all possible legal remedies.
1. I got married in May 2013 and came to know about my wife adultery acts within few days, I suffered a lot.
Finally, I filed judicial separation in September 2013 as I couldn't file divorce petition as my marriage 1 year was not over that time as per condition to file a divorce under Hindu marriage act.
Me and my wife hardly spend 5 days together during our honeymoon time since then we are staying apart.
2. Sadly there no judgement passed on judicial separation petition filed by me as there was no judge posted in family court. Then after 1 year of marriage .
I filed divorce petition in September 2014 . I withdrew my judicial separation petition that time in September 2014.
3. Since beginning my wife was involved in delaying and dirty tricks so she didn't reply to my divorce petition for 1 year after filing divorce petition by me in September 2014.
4. When court passed Ex parte order after 1 year of my petition then finally she appeared after 1 year and court cancel ex parte order but even after that she didn't reply even after 90 days passed neither she sought extra time to file her reply then I mentioned recent Supreme Court judgements on this that maximum period to grant is 90 days for reply that already have lapsed after the cancellation of ex parte order.
Finally, after 180 days of ex parte cancellation, she filed a reply but I objected for this and mentioned recent supreme court judgements on this that court cannt take her reply on record now. So till now court didn't pass any order on this also..already 9 months have passed on this..!!!!
So her reply is not taken on record by court till now and it's decisions still pending whether to take her reply on record or not !!!! But strangely judge has taken her admission of cruelty under order 12 rule 6 on record !!!! But court order is still pending whether to allow it for divorce decree or not!!!!
5. Now in meantime my wife realized that she didn't have any other options left as I am having strong evidences against her so finally she made her admission under Order 12 rule 6 accepting her cruelty acts only and I agreed on this for divorce decree.
But as I already mentioned above that judge not agreeing on this and saying it's not applicable for divorce decree.
Judge is saying now that he will take her reply on record then take an affidavit from both of us,one from her mentioning her cruelty acts and one from me that I am agreeing for divorce on basis of cruelty.
But I objected on this as if court take her reply on record that also after so much time then I will also file reply as she made all false allegations against me regarding dowry and violence to hide her adulterous and cruelty acts. My concern is if court is taking her reply on record then I have to reply back as if I don't reply, it means that I am accepting her all false allegations made against me.
In summarized way, please suggest me all legal possible remedies keeping my case scenario in your mind and give your valuable expert opinions on these four following questions ,I will be obliged to you all.
1. If any court court rulings or judgements where divorce granted on basis of admission under Order 12 rule 6, kindly let me know about these past judgements of courts on basis of order 12 rule 6 for divorce decree but court has taken her admission on record but reserve it's order on this and didn't pass any order till now even on this.!!!!
But verbally judge told me that it's not possible!!!!
2. Judge is saying go for mutual consent 13B but I don't want to go for this as since beginning my wife playing delaying tactics and dirty tricks and utmost important thing I don't trust her.
She agreed finally after 3.5 years for her admission on her own as I filed the divorce petition 2 years back on basis of her cruelty and adultery and I am having strong evidences against her so she doesn't have any other options.
Finally she accepted her cruelty acts only under order 12 rule 6 and I agreed for this but now judge is not saying it's not applicable in divorce decree.
So what other legal possibilities including in district court or high court to direct lower court for not further delaying the proceedings as of now my case is idle since almost 9 months as court didn't pass any order on her reply also whether to take it on record or not !!!!
So her reply is not taken on record by court till now but strangely judge has taken her admission of cruelty under order 12 rule 6 on record !!!! But court order is still pending on this whether to allow it for divorce decree or not!!!!
So my question is this how can court take things of her admission on record without deciding on her reply things first..!!!! What I supposed to move further my case legally!!!!
3. If Order 12 rule 6 is not applicable then the other way legally for me or court to grant divorce except Mutual consent divorce as I already mentioned that I don't agree for this as I don't trust my wife as she was involved in delaying tactics and dirty tricks since beginning.
4. Whether it's possible for court to grant a divorce without taking my wife reply on record as she already passed all maximum limits i.e. 90 days to file a reply as judge is saying it's not possible to pass judgement without taking my wife reply on record!!!!
But how court took her admission on record without deciding on her reply to take it on record or not!!!!!
Thanks for your reply and expert opinion in advance. I will be in debt for your valuable opinions.
Best Regards
