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Rakhi (Software )     14 March 2011

Time bound my divorce case to be solved within a yr

I have filed  divorce against my husband.My husband is delaying it so that i get frustrated .

I consulted few of my friends and they suggested me that ,there is a provision to file a petition in Highcourt and get approval to give judgement within certain period.Is it so? and if it is like this whats the procedure and after how many hearings i can file a petition for it.

Please suggest.

Eagerly Waiting for your view.



Learning

 3 Replies

Tajobsindia (Senior Partner )     14 March 2011

@ Author

1.
By showing extra ordinary hardship and abuse of the process of Court you may get such relief from Hon’ble HC.


1.1 If there has been extra ordinary delay in adjudication by Court then it is one of the merits to get speedy relief direction from Hon’ble HC

1.2 If defendant is un-necessary seeking adjournments upon adjournments of hearing dates then it is one of the merits to get speedy relief direction from Hon’ble HC.

Since we donot know length and breadth of your litigation above sub paras needs to be self – judged and then act accordingly by filing a Civil Missl. Main Petition under Art. 227 COI before Hon’ble SC with synopsis and dates of the concerned trial Court pending suit.  


However it is always better to try out for such relief in Sessions Court first then if dissatisfied then approach Hon’ble HC. 

Jamai Of Law (propra)     14 March 2011

Rakhi ji,

 

A defendent husband ..................  and delaying the matter .......... unbelievable .... its like playing with fire!!!

 

But I would answer assuming your post is true.

 

 

Will you pls elaborate exactly how husband is delaying the case and since how long it is going on.

 

Did your and his attorney remain present/absent on the days of hearing?  Get all data. Frequency of hearing in a month, what happened on each hearing. What is the next hearing for,  agenda on board.\ 

 

Do you have enough data/reasons before going to HC?

 

To make the other party get exhausted is the main tactic of this game (Its a game for all others ........ expect both parties and their kids/parents)

 

Do you have guarantee that it won't take long in HC also? (It's like scheduling another meeting to discuss 'when to schedule a meeting')

 

 

If you have cogent reasons you can press for defendent's default and ask either 'costs' for delays or ex-parte proceedings.

 

But don't do it in a haste and give ample chances ot other party!! (This is highly mis-used loophole!! If you get ex-parte without much chances then it is liable to be set aside also in future !!!)

 

Legal Fighter (Advocate)     19 March 2011

normally HC don't give any of such direction so suggest u to go for amicable settlement and save time.


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