Hi all,

I have been a regular reader of the forum and had couple of queries 2-3 months back which were satisfactory answered. I need support from you folks again:

1. Divorce case going on since May 2010 (Marriage in May 2009 and wife deserted me in January 2010. Restitution notice was sent to her through advocate not court in February 2010; police case of her missing from home and threatening me over phone was filed immediately after her leaving home). Twice judges have been changed and latest being this month. My evidence is done and lady is delaying submission of her affidevit for 2-3 months.

2. Lady filed 498A, 406, 34 and what not from her native place which is 250KMs from Pune. This was done in August 2011. Judge ordered for her arrest warrent in April 2012 when we came to know that she has gone to UK for office work for a year. Judge has now issued summons to her parents.

3. Lady filed for RCR (Sec 9) in March 2012. We filed our WS (Can't stay with her after false 498A and absconding since 2 years and don't know her whereabouts; what has changed after 498A to make her love me again?). It seems Divorce case will go to the same judge who is handling RCR.

My queries are:

1. Divorce case: earlier judge had understood the cruelty on us and was giving dates every 15 days. Can same be done by new judge? If he starts giving dates of a month or so, how can we ask him to give earlier dates?

2. 498A: chances of her parents coming to court are less the case was false and was to only intimidate us. Can I request judge to stop the cruelty of travel on us and give the judgement at the earliest. What's the remaining steps as per law, if her parents also don't turn up. Since bailable warrent was issued for her and she was in UK, her company gave letter that she will be in UK for a year.

3. Will having filed RCR delay the divorce proceedings since the judge is same. My lawyer has deliberately not asked for combining the cases

Thanks,

Sampat

1. Divorce case: earlier judge had understood the cruelty on us and was giving dates every 15 days. Can same be done by new judge? If he starts giving dates of a month or so, how can we ask him to give earlier dates?

>>You can ask for closer dates mentioning delay in the case so far, its upto judge to cosider your request

2. 498A: chances of her parents coming to court are less the case was false and was to only intimidate us. Can I request judge to stop the cruelty of travel on us and give the judgement at the earliest. What's the remaining steps as per law, if her parents also don't turn up. Since bailable warrent was issued for her and she was in UK, her company gave letter that she will be in UK for a year.

>> Get shorter dates for 498A to increase the pressure. if you can not travel always you may file for exemption.

3. Will having filed RCR delay the divorce proceedings since the judge is same. My lawyer has deliberately not asked for combining the cases

>> She filing RCR after 498A would further weaken the case as one side she said she wast treated with utmost cruelty and now that she wants to stay together :-) 

Get the warrants issued to wife(witnesses) in 498a. If she does not appear file for discharge.

Hi all,

after transfer of judge in divorce case, case is now pending against "Presiding officer school of tribunal". What is this? Will this delay the process further?

I am fighting divorce case on my own for last 2.5 years.

- Sam Pat