Guidance on exparte order


Experts

A quick background...I had filed my divorce case in Aug 2012 in a sessions family court and the case went on for almost 2 years with no progress at all....A total of 35 hearings and my wife attended only 3 that too for counselling since the court does not mandate the presence of parties.  On my lawyers advise withdrew this case and filed a new one in the high court that mandates the presence of parties. 

She attended the 1st couselling but after that she has not been attending the past 2 hearings. Today, the judge had posted for Exparte Order in Jan.  Now, I am not sure how to deal the situation. I am sure my wife will come and appear on that day or she will file an appeal even if the order gets passed. This seems to be going into a big loop with just me attending the court every hearing at the cost of my job and money along with stress.  

I know that the Indian courts favour women but is there a possibility that I can get a hold and move the case faster ? Sheer harrasement is what me and my family is facing. How to make a progress here....Pls. advise.

 
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Senior Partner

@ Author,


1. Wait for the Order which will be passed in Jan. 


2.
Wait for Appeal if any.


3. You could have used ‘speedy disposal direction by presenting facts before a superior Court’ in previous 2 years why crib now for something which may or may not happen!


4. Law favors ‘vigilante’ and not only women litigants as case made out.

 

[Last reply]

 
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you should have talked to her and file mutual consent divorce rather then contested divorce and now it is at final ex parte stage wait and see

 
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@ Adv. K.Mahesh -  Sir, I am not even sure if she will consent for a Mutual divorce. Hence I had to go for a contested divorce. 

On the ex-parte hearing date, I am sure they will appear and re-invent the wheel again. 

@ TajobsIndia - I was not sure if there is a speedy disposal option for divorce matters in high court. Can you pls. provide some inputs on it

 
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