kalyan (engineer) 08 January 2013

First hearing postponed again

I have filed my divorce petition on cruelty and desertion as grounds on 24^th August 2012 in pudukkottai district court, after I received a lawyer notice with false allegations from my wife. Hearing date for my wife was fixed as 4^th November 2012. But on that particular day, judge refused to take the case even while my wife attended the court with her lawyer. Judge said that the court did not receive the acknowledgement of summon delivery to my wife and postponed the hearing date to 7^th January 2013. I don’t know why he postponed the case when the person summoned was appeared.

Today, my wife’s lawyer alone came to court and asked for excuse by saying that my wife is ill. Immediately, judge said the hearing is postponed to 1^st April 2013. If he postpones the hearing again and again, when will the trial start and when will the case come to an end?

What should I do to make my case active? Fortunately, my wife did not file any case against me and any of my family members, till date.

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4 Replies

archana Shankar (Lawyer) 08 January 2013

Hi Kalyan,

Since ita a matriminial prob & case bwtween husb & wife, this proceedings will not be as quick as criminal proccedings.. THis adjournment is given , as in the eye of law, Justice munst be done by hearing both sides.

So, to make ur case active, represent ur case and request for short date for subsequebt adjournments by cenveyin ur practical difficulty which ur are facing . Also, plead to refer for counselling as early. Some times there is a chance for re union in counsellig stage.

ALL THE BEST

Msk-need -nuetral- laws (self) 08 January 2013

Kalyan,

Dont be happy that your wife has not filed any cases. Between these time her lawyer will definitely ask het to do so. Be careful, between thats how the FC works. My case was filed in Aug 2011, teh first hearing ahppens at Jan 2013 at HC, then Imagine how that goes.

Shantanu Wavhal (Worker) 08 January 2013

file application u/s 21B of HMA for expeditious proceedings.

kalyan (engineer) 09 January 2013

@Mani,

I am in Germany at present. So, no chance for arrest at this moment. If they filed case against my family members, we will go for AB. She is living in her parents home for the last 2 years. No contact from both sides. Moreover, according to Tamilnadu GO, before arrest the IO has to get written permission from SP of the district. In addition, SP has to personally enquire all persons listed in report at his office, before issuing authority to arrest. So, here, we have a clue. If we get any call from police station, immediately we go for antibail.

I am surprised to see that your first hearing started 1.5 years after petition was filed. Don't she or her lawyer appeared for 1.5 years? What your lawyer did all these time?