My divorce case has been at the crossing stage for about 2 years now and has not moved any further. MC was granted for me and my children in January 2013 under 125 CRPC in family court. As I did not receive any maintenance till December 2013, I filled an MP petition to execute the MC order. After this he filed a condone delay petition and set aside petition. I have filed my counter in the condone delay petition in MC. Unfortunately, there has not been any improvement except for the adjournment to a next date every time for the past 2 years without any reason. In short my case in family court(Both Divorce and MC under 125 CRPC) has been stand still except for different hearing dates each time.
In April 2014, when I did not receive any maintenance from the respondent, I had to ask for maintenance in my Domestic Violence case. In March 2015, MC petition filed in Domestic Violence case was allowed for which he filed a set aside petition. There after a conditional order to pay 50% of the maintenance within one month was passed. At this stage, instead of obliging to the MC order or appealing in the Magistrate court where the conditional order was passed, he appealed in sessions court. Now Sessions court hearing is also stuck at enquiry stage for the past 6 months. I am left with no remedy.
Please advice the drawbacks of withdrawing my MC petition in Family court(Under 125 Crpc) at this stage as he has been using this Interim MC petition as a reason for not crossing me in Divorce case. I want to see if my divorce case will speeden up atleast if I withdraw this MC petition. Please advise.
Also advise if it would be better to take up this Divorce case along with the MC to high court so I can get speedy relief. I can show the copy of adjudications as proof to show that my case has come to stand still for 2 years. Kindly let me know which would be a better option (- to withdraw the MC in Family court or to take the entire case to high court)
