Delay in divorce proceedings


Dear Experts,

I have filed divorce 3 years back on cruelty ground and due to opposite party delay tactics, they are succesfully dragging the case. Till now the proceeding have not even reached cross examination of petitioner. Every time judge gives long dates. Can experts please advise if there is any way I can speed up the trial ? Can I file speedy trial petition in high court showing the delay by oppiste party or any other options available? 

Request experts to provide all possible options to speedup the proceedings. Thank you.

 
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Practicing Advocate

You can file the application for speedy disposal in the trial court itself. There is a provision in the Hindu Marriage Act for it.

 
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Bangalore

Of course there is provision under Hindu Marriage Act.  But what does your advocate suggest you?

 

What I suggest is, gp for settlement and finish matter.  Gving one more paper in court will get you two more dates, thats all.

 
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Advocate

3 years have passed and another couple of years more it will take to finalise with no guarantee that divorce will be allowed.

Best course is to settle with other party, make it agree for divorce by mutual consent.

 
Reply   
 

I am sure you know about MCD and thought about it, but perhaps she is not agreeing. Usually there are two reasons for delay in divorce: money and/or kids. Sometimes it is for revenge. 

Anyway, I doubt if motion of speedy trial in this court or high court will speed it up at all. I hope you know that she can still appeal in high court after the verdict and later in Supreme court as well. She can also file crpc 125 maintenance case also, even after divorce. 

I wonder if you know about all this, that it can take 10-15 years before you get divorce and by then it'll be of little value anyway. 

 
Reply   
 

Contested divorce takes long time. You can file the application for speedy disposal in the trial court itself. Instead of waiting for divorce better find someone else and start live-in.
 
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advocate/director

Dear Raj Kiran,

 

                        Please file a w.p. in the High Court of your state seeking deirection to the lower court to complete the case with in six months from the dte of pronouncing the order.

 
Adv.Dr.Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
BHARAT GAURAV SAMMAN AWARDEE,2014,
VICE CHAIRMAN, UCC ( INDIA),2016-17,

Ex-Member, Mega Lok Adalat , Criminal Courts,Hyderabad.
                   National Vice president, All India Christian’s Council,
 
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" In Andhra Pradesh. 
Ph:+91-9866545086,
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