Fighter 11 February 2016

How to speed up divorce case?

I have filed divorce case under mental cruelty ground 20 months back. Other party is using delaying tactics.

They yet not filed written reply (Say).

Judge ordered "No Say" order on last date.

I also have submitted speedy and time bound trial application under section hma 21b on last date. On that application same day judge ordered to get SAY from other party. Other party was absent on last date, hence speedy trial application copy is not given to other party.

Judge asked me to file "Evidence Affidavit" on next date.

What I can do to speed up divorce case and to get divorce ASAP?

Suggetions please.

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6 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 11 February 2016

Move to the concerned high court or the Supreme Court and file an application seeking a direction to be given to the trial court for speedydisposal Of the case

Fighter 11 February 2016

Should I give application to decide on 21b application?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 11 February 2016

Under Article 21 of Indian Constitution speedy trial is your right since personal liberty can’t be deprived unless any law is imposed. It can’t be deprived only because of Infrastructure of court process.

Also u/s 21-B on HMA these matters needs to be dispose of within 6 months. You can file Writ Petition (Article 226) mandamus read with Article 21 and 21-B of HMA to get speedy dispose of order.

You can file party-in-person.

If you are a man then filing divorce, RCR or mutual consent divorce are not recommended because of legal extortion rackets.

Please see my profile to know more on this.

Fighter 12 February 2016

Should I go to HC or wait for lower court's order on 21b application?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 12 February 2016

Please file Writ in HC. Before that please see my profile to know the drawbacks of mutual consent divorce.

Fighter 19 February 2016

Even after judge No Say order. Opposite party filed Say. Online case status still show "Ex Parte" and daily activity status is "Court Resumed Today". I have filed Evidence Affidavit. What should b my next steps?