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Ajay   15 November 2017

Making divorce case time bound

Res. Lawyers,

 

Background:

I am Male 38 got married in 2002 and separated from last 3.5 years. Divorce petition is fillied by me around June'16 and after many hassel it is now moved from Counselling to next step. All standard cases like DV, 498, 125 etc are fillied against me post my divorce petition and no chargesheet/progress has been made in any of the cases. Paying the handsome maintanance every month from last 11 months.

Question:

I am the only son of my parents (Both are Sr.Citizens), no case is progressing and I am under deppression taking treatment from renowed doctor, unsuccessfully tried to commit sucide of which police and hospital record is in place.

Given the scenario do you guys think I can get "Time Bound" order in my favour from high court for my divorce case? If yes, do you suggest if I can argue my own case in high court as I cant afford lawyeer fees as few quotes are in lakhs. If no, then what other options I have to make speedy progress on my divorce case?

Thanking you all in advance.

 



Learning

 11 Replies


(Guest)

Go to himalayas. There wont need divorce.  You will need blanket and ladakh sweaters.

Ajay   15 November 2017

Ajay   15 November 2017

glad to know that people like you are still exist. thanks a lot

Jaspal singh (practicing lawyer)     15 November 2017

Dear Concern, there is provision in hindu marrage act for sepedy trail, you can move an application under section 21B of H.M.A for speedy trail. 

Section 21B in The Hindu Marriage Act,
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.
 
Justice delayed is justice denied - This is a tragedy, felt stronger and deeper, when justice is delayed in cases of Matrimonial disputes, leaving the parties to the litigation in constant emotional disturbance, relentless worries, paving the way for multiplicity of proceedings in the interregnum. This is the silent cry of the husband, who is allegedly deprived of the conjugal relationship right from the date of marriage.
Speedy Trail is your Fundamental Right but only thing is you need to approch the Court with relevent judgements and with Right provision of law.
Regards
Jaspal S Mainiv(Adv)
9999987283
 

Snavi   16 November 2017

You are right. I dont think this Raj Malhotra is actually an advocate. How can a professional advocate make such comments. I am a 68 yrs old lady mentally suffering as my son is also suffering like you and seeked suggestion from this site and this man made comments like "oh you are a mom of great divorcee son, your useless son, buddha buddhi etc." Though got lots of valuable suggestions even in my inbox also". You cant avoid such type of man.


(Guest)
Originally posted by : Snavi
You are right. I dont think this Raj Malhotra is actually an advocate. How can a professional advocate make such comments. I am a 68 yrs old lady mentally suffering as my son is also suffering like you and seeked suggestion from this site and this man made comments like "oh you are a mom of great divorcee son, your useless son, buddha buddhi etc." Though got lots of valuable suggestions even in my inbox also". You cant avoid such type of man.

Instead of wasting time here, 
1.   Why don’t you go fall to your daughter in laws feet and ask her to return to your son?
2.  Why don’t you ask your son to go join his wife?  What for you old hogs are waiting for? Some miracle to happen?

No miracle will happen unless your son moves his ass, goes to his wife and seeks her approval to return to him.

People like your son should have understood the importance of married life the first time itself.  It is sad that, he has still not understood meaning of married life.  First teach your son valuable lesson I have already taught.  Married life = unending adjustment.

Change your attitude before it does more self damage.  Take care.

Snavi   17 November 2017

As I am a retired person so I have lots of time to waste Ok. Before suggesting others to change their attitude You should change your attitude. With the suggestion of a reputed lawyer my son started to work on it. To fall to my daughter in laws feet I dont need your suggestion. What else can be expected from a person like you who can suggest a suffering person to go to himalaya. Value of married life should be understood by both not only by a man. Keep your vluable suggestions with you. 


(Guest)
Originally posted by : Snavi
As I am a retired person so I have lots of time to waste Ok. Before suggesting others to change their attitude You should change your attitude. With the suggestion of a reputed lawyer my son started to work on it. To fall to my daughter in laws feet I dont need your suggestion. What else can be expected from a person like you who can suggest a suffering person to go to himalaya. Value of married life should be understood by both not only by a man. Keep your vluable suggestions with you. 

Because of this attidude you and your parents are in problem.  People get what they deserve truly.  Fact.  Read above.

Vijay Raj Mahajan (Advocate)     17 November 2017

Although the provision under section 21B of the Hindu Marriage Act, 1955 exists for expeditious trail and for conclusion of the hearing within 6 months, but in reality the dates given by the Family Court for next date of hearing is for about 6 months. The reason for this is firstly, large number of divorce and like other family matter cases pending in the family courts and secondly, extreme shortage of the judges for family courts. Even the working judges in family court are so much worked up in the pending cases before them that they hardly get time for their own families.

Even if you move the High Court under article 227 of the Constitution for passing order for the Family Court to expediently hear and decide your divorce case on the medical grounds, the same may not be make much difference in spite of High Court order, may be not in 6 months but say in a year and half you get the final order for the divorce case from the family court.

Ajay   17 November 2017

Thank you for your Valuable suggestions. Realy appriciate it.

Chirag Shah   25 November 2017

Mr Ajay,

I am not an advocate, but like you I too am undergoing process of divorce. I have learned much from this experience and maybe few tips may help you.

I would like to inform you that maintenance case filed against me was dismissed by the court owing to the hard work I had put in before filing my reply and since I had anticipated the case.

At the end of each year, the order of interim maintenance may be revisited. Ask your advocate to submit an application to make available all details of your "wife" regarding her job, salary, bank account statements etc.

If she is not working but is academically qualified, even then its not your liability to provide maintenance to her. In a decision last year in Mumbai High court, it was observed that the court does not want to promote laziness among the educated females and that they are supposed to earn their living. I have a copies of the order as well as many judgements and cases where maintenance was denied to the wife. Please contact me on chiragshah2010@yahoo.com, I shall fwd the copies to you.

Don't be depressed, give a fight. By being depressed you are playing in her hands. Remember, this is war. The person opposite you is not your wife but an opponent who wants to destroy you. Do you really want her to win or laugh at your weaknesses? Get a grip on yourself, indulge in hobbies, stay happy.

The cases are going to take time. I am passing through the same and there are countless others who are doing the same.

Hope I can help you, do email me if you require the documents.

Regards.


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