Rajib Banerji (Self Employed) 06 December 2012

Duration of divorce proceedings.

Dear Sir,

My wife had left my house on 30th April 2006 since she was having an affair with someone else and thereafter filed a false 498a case against me & my parents.In 2007 she had filed for divorce and alimony on grounds of cruelty and I had filed a counterclaim stating the same reason.Reconcilliation had failed.

However it is 2012 now and the case is still dragging on.How long does this kind of divorce cases take to end?

I have not lived with my wife under the same roof since 2006 does that make the marriage null & void?

Regards,

Rajib Banerji.

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 07 December 2012

Dear Querist

according to Hindu Marriage Act, section 21B

21B. Special provision relating to trial and disposal of petitions under the Act. —-

¹[21B. Special provision relating to trial and disposal of petitions under the Act. —(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.]

You should filed an application u/s 21B of HMA before the court and prayed to speedy trial.

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