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INDIAN CITIZEN (ER)     08 October 2014

Need help

HI experts kindly help me out please regarding my divorce case. i hv applied fr divorce on the grounds of adultry and im the husband.  its been 4 years and the girl didnt turn out for any hearing. high court has guided the district court to finish the case in 3 months time. one month back this time period is also over. the transfer of case filed by the opp party also got rejected. magistrate in local court 10 days ago closed the argument saying the lawyers to cross each other.. but the opp adv keeps dragging the case saying he is waiting for the order for tranfer of case which has not yet come from high court.  for the past 2 hearings he is telling the same thing...asking time saying he is not aware about the high court order of rejection of transfer.and he is waiting for the order.

and now y is the magistrate giving time since  the3 months time is already over,...?

how long he can drag without coming for crossing?

can i again go to high court and ask justice quoting the 3 months period which was over ?

 



Learning

 18 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 October 2014

Dear, Ask the magistrate that if don't get the

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 October 2014

Dear, Ask the magistrate that he don't get the case decided, you will be going to HC again because its a contempt of order by senior court. Then you will the magic, bcoz no judge would want himself to be noticed by the HC. Adv kapil chandna, 9899011450

INDIAN CITIZEN (ER)     09 October 2014

thank you sir

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 October 2014

File an application for certified copy of the rejection order of Transfer Petition the transfer of case filed by the opp party also got rejected

and submit before the Trial Court and file an application u/s 151 of CPC for implementation of the HC Order.

INDIAN CITIZEN (ER)     09 October 2014

ok sir thank you

Adv k . mahesh (advocate)     09 October 2014

normally court will take about 5 days to two weeks to give the judgement and you can take a certified order 

Anand Bali Adv. (Advocate Solicitor & Consultant)     09 October 2014

Dear Friend, after the Ord you can take a certified copyof the Order from HC and get it submitted in the trial court it will subside the argument of the advocate that he is not aware of the judgement of the HC and Court will proceed for the trial and then Judgement, So do not worry and get this copy of judgement through your advocate or yourself and submit it in the trial court without wasting time, it will solve your purpose.

T. Kalaiselvan, Advocate (Advocate)     14 October 2014

If you are confirmed about the high court rejecting her transfer petition, get the order copy of the said case, and file it before the trial court in the next hearing and insist that the high court has already instructed to conduct speedy trial of the case, this will help you get the trial of the case expedited.

INDIAN CITIZEN (ER)     18 October 2014

thank you all so much...as your guidance i have got the high court order now. it says that the transfer of case filed by the opposite party is rejected ....i wil produce that to the local court and ask for judgement....

And i'm in a situation to remarry immediately after this judgement ....kindly clarify can i remarry immediately after the judgement......if so what legal procedure should i do?  do i need to wait for the judgement copy....? i have waited enough for this case to end for almost 41/2 years......i need to start a new life and live peacefully....kindly guide me please

Anand Bali Adv. (Advocate Solicitor & Consultant)     18 October 2014

Dear friend,

Till the time lower court do not pass the order in your favour and the period of appeal against this order do not expire you are not advised to get yourself re marry. 

Just you have to wait a little bit more and then plead your life happily.

INDIAN CITIZEN (ER)     18 October 2014

i think my opponent might appeal in hc after the judgement in lower court to spoil my life and to drag time.....wat if he appeals and drag again few years as he done in lower court ...........how long i should wait?

INDIAN CITIZEN (ER)     18 October 2014

her motive is to spoil my life....definitely she wil go fr an appeal....all my life sd go fighting with her...? wat to do?


(Guest)
Originally posted by : INDIAN CITIZEN

her motive is to spoil my life....definitely she wil go fr an appeal....all my life sd go fighting with her...? wat to do?

Sadly, no other option than to suffer till court actually grants divorce. Another option is there. Pay wife one shot lumpsum alimony get your freedom back in 6 months time.

INDIAN CITIZEN (ER)     31 October 2014

hi experts,

after looking at the high court order Finally judge closed the case 2 days back but the judgement date has not been given by the  JUDGE.

but y is there a delay in announcing the judgement date? she has kept the case file aside..

judge has asked for a written statement from the opposite side lawyer .

tentatively when can i get the judgement?

 

 

 


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