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Srijith   24 November 2015

Family court procedure

Dear Sir,
I had filed for Divorce in May 2015 in Thane Family court and the case was transfered in Thane Sessions court due to backlog of cases in thane family court(This is what i was told by my lawyer at that time). After about four months of hearing in Thane sessions court, one fine day my wifes lawyer said to the court that i had applied in the wrong court and that the case to be transferred to the Thane Family court also the judge dont have the right to oversee the case since this was a family matter. so the judge asked me to transfer the case to the Family court which i think is absolutely cruel, since my months were wasted. I beleive this is what my wife had wanted to prolong the case as much as possible and i think she won.
I then applied in the Family court and i got a date which is 6th feb 2016 which is 2 months away, moreover all the process has to be followed from scratch right from giving summons.
This to me absolutely cruel since this is just delaying the case further.
Could you please advise if i have the right to prepond the case?
Awaiting your valuable inputs.

Regards,

Srijith



Learning

 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 November 2015

Dear Querist

Preponment of case is not possible due to pendency of cases before family court, but you may file an application u/s 21B of Hindu Marriage Act-1955, if both of you are Hindu and the case was filed under Hindu marriage Act-1955, before the family court and pray for speedy trial and conclude the case within six months from the receipt of the summon of the case.

 

If the family court reject the application then file a revision before the High Court and get a direction to decide the case within time frame fixed by the HIgh Court.

 

Feel Free to Call


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