NewName (na) 07 January 2014

Ia and divorce

A divorce case was filed on end of 2011 and came to hearing in Jan 2012.

2. One general counseling, 3 psychological counseling and 3 mediation happened so far. The respondent has asked the mediation to be stopped half way and hence it was cancelled.

3. The respondent just wants to prolong the case and not ready for mutual consent.

4. An IA was filed separately after the divorce petition on a different date for return of the petitioner's assets.

5. The respondent does a hide and seek game of appearing and disappearing in alternate hearings in court.

Question 1: Is there a possibility of getting short dates in divorce case. (The second judge has come with in a period of 2 years and the dates were always given with a gap of 45 days to 2 months)

Question 2: Will the hearing of IA will happen and then only the divorce case will happen? Is it possible to withdraw the IA and will it help in speeding up the divorce case in any way? or will it have any adverse effect on the petitioner?

Question 3: The Marriage laws amendment bill was passed on the Rajya sabha on Jul 17 2013. Yet it has not come to court as the president signature is not obtained till date. How long will this bill will take to come into effect in court.

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2 Replies

Shantanu Wavhal (Worker) 07 January 2014

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

Adv. Chandrasekhar (Advocate) 07 January 2014

1. Yes. You can move an application for early disposal of divorce case enlisting the delays caused due to mediation. At the same time, on every date of hearing you have to request the judge for the short date grumbling umpteen times that the case is being delayed.

2. You requet the judge that due to the I.A. the main case is being delayed and request the court to dispose the application along with the main petition at the end of the case and proceed the main case.

3. After Rajya Sabha Consent, it was tabled in Lok Sabha four to five occasions, but not passed due to interruptions. Till it is passed by Lok Sabha it cannot be sent to President of India. We have to watch what will happen to this bill and also some other important legislations in February Session.