Sagar (b) 28 December 2009
Wife had filed a pwdva complaint after 2 years of my divorce petition , and after I filed my strong counter ,she has not been attending the court dates continously and therefore the case is not moving an inch since then.
Inspite of oral objections of my counsel the magistrate is continously granting exemption to the lady on flimsy excuses.
The dva case is filed by wife at her hometown.
Kindly suggest on what can be done to stop this abuse of the process of law.
sunil pagare (lawyer) 28 December 2009
Sec.12(5) of said act says that the magistrate shall endeavour to dispose of every application made under sub-sec. (1) within a period of sixty days from the date of its first hearing.It is the duty of the court to conclude the proceeding within 60 days .Move an application & mention abovesaid provision for speedy trial .
Hardik Mehta (Family Counsellor) 29 December 2009
Sagar,
Just file the short matter in the High Court for the speedy trial of the case stating the exemptions and to transfer the case to other judge. This will help you in getting the case solved faster. You can also ask the High Court for not granting any exemptions.
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