Dear members,
I had filed for divorce in june 2007, till now it has not even come for cross examination. Each time the judge is giving 1 month long dates. For the past 5 hearings (5 months), it is just pending to be cross me, but the opposite party rejected to cross me on the ground that I haven't paid maintenance. Last time, judge asked me to pay the maintenance or else he would dismiss my divorce petition, then I had prayed that I'm jobless and so would not be able to pay all the amount at once as I am without a job and currently studying and give me time, will pay in installments. For which judge rejected my prayer and ordered me to pay the amount in FULL, otherwise he will dismiss my petition.
So, this time, I had collected money from my relatives/friends and paid her FULL money and asked judge to cross examine me and complete my case before the end of December 2010, as there is a chance of agitations going to start in hyderabad after december.
But the judge didn't accept to my plea and gave again long date after december (i.e first week of january). When I requested him to keep the early date, he rejected saying that there are lot many people apart from me and with the current load of cases, my case will take 3 more years.
(1) In your view, do you think it is a fit case to go for appeal in HC to speed up the matter? If so, what reason's I need to quote in my appeal to HC for speed up trial? Please point to me to any related judgments related to speed up of trial?
(2) I have only divorce (sec 13(1)(a)), and maintenance u/s 18 HMA currently, in which wife in her counter also asks for divorce but on her grounds of impotency. In this situation, what is your realistic view of my divorce case completion? Since, in my view, I think only my cross examination and her cross examination is enough to decide the matter? Is this right?
Please advice.
