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Sachin Srivastava (ITA)     01 June 2013

Lazy judge not giving order in 13 b 2nd motion completed

Hello,

Me and my wife filed mutual divorce under 13 b on 8th October 2012 in lucknow family court.

All the terms and conditions were complied and we had a date on 8th April 2013 for 2nd motion.

But judge was on leave and gaved a date of 18th May 2013.

On 18th May again judge was on leave and gaved a date of 30th May 2013.

On 30th May the full and final settlement amount of draft was handed over to my wife in front of judge.

Both the parties filed affidavit for 2nd motion asking decree of divorce.

But judge says he will pass the order on next date and gaved us a date of 18th October 2013.

neither he is ready to give an early date nor he is passing the order and i am stuck since even after both the motions are done and final settlement done , i dont have a divorce order in hand and will have to wait for 5 months which is a long time.

Seperation date was 3rd october 2011 and 13 b file date was 8th oct 2012 .

Please suggest how can i get the order from family court . me and my wife both need the order for divorce.



Learning

 5 Replies

Sachin Srivastava (ITA)     01 June 2013

Another issue is that i stay in mumbai and on every date i have to travel to lucknow


(Guest)

Have patience.


(Guest)

Justice has to be expeditious...If you don`t mind expenses,appeal to the higher court stating facts and get order for the order to be completed in 2 months

Advocate Deepak Gupta (Lawyer)     01 June 2013

Generally within 30 days court pass order , its extraordinary date given by court . if ur financially good move to HC.

Sachin Srivastava (ITA)     01 June 2013

Please let me know whether high court can pass the divorce order in this case or it can only direct the family ocurt to pass the order.

I am losing patience since this day is coming after a long fight.

below are the details till reaching 13b.

1) wife left home in mumbai and filed 125 from lucknow.

2) i filed section 9 in mumbai

3) wife filed transfer petition in supreme court

4) i objected to transfer petition and requested to transfer to mediation center in supreme court.

5) mean while wife filed 498a in lucknow

6) i filed stay of arrest in lucknow high court.

7) matter was transferred to mediation center in lucknow.

8) after 8 months of mediation wife requested that she wants to come back.

9) i withdrew section 9 and asked for divorce

10) wife agreed for divorce and withdrew 125 and high court quashed 498a and i paid money for my 2 year old son which can be withdrawn only by him after 18 years.


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