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Somendra Narayan Mukherjee (director)     20 May 2013

How to expedite divorce procedure

Hi,

      I am a victim of 498A. My wife falsely implicated a criminal proceeding to me as well as my family member. In context to that she had filed all the possible proceding to harass me, like alimony 125 etc. 

I had filed a divorce in contrast to it. Now the problem is neither she is coming in the 498a case for evidence nor does she appearing for the Divorce. All she is appearing is in the alimony case. Now my humble question to you is there any proceess of law to expedite the proceeding of this Divorce???? Her lawyer is taking time either or filing absent petetion...like this way she has spent away more than one and a half years.



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 4 Replies


(Guest)
Originally posted by : Somendra Narayan Mukherjee

Hi,

      I am a victim of 498A. My wife falsely implicated a criminal proceeding to me as well as my family member. In context to that she had filed all the possible proceding to harass me, like alimony 125 etc. 

I had filed a divorce in contrast to it. Now the problem is neither she is coming in the 498a case for evidence nor does she appearing for the Divorce. All she is appearing is in the alimony case. Now my humble question to you is there any proceess of law to expedite the proceeding of this Divorce???? Her lawyer is taking time either or filing absent petetion...like this way she has spent away more than one and a half years.

 


So you want things to move fast.  For the case to get over.  And you get divorce.


There are not much options for you now.


About your wife not attending court, ie 498a, she will appear in court once when the matter has been posted for orders.  That very day she will appear out of nowhere.


These are delaying tactics, and to build pressure on you.


Now to fasten the case, the best solution is, to ask how much money she wants.


Try and negotiate on that final lumpsum figure, she will withdraw cases against you, will agree to file MCD< she gets money, < you get your freedom.

1 Like

Adv k . mahesh (advocate)     20 May 2013

already you said alimoney matter she is attending try to discuss with her and take a u turn for divorce and file a mutual divorce by paying what she want the process will be very fast 

Shantanu Wavhal (Worker)     20 May 2013

as far as 498a is concerned, 

on each date when wife remains absent, file pursis to that effect.

it helps building pressure on her.

request the court to - either dissmiss the complaint for default / send her summons & warrants for her presence.


as far as divorce is concerned, following will be useful

https://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp


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