Divorce procedure

Querist : Anonymous (Querist) 03 October 2011 This query is : Resolved
Dear Sir

My one year is going to over by 31st of october after getting the decree of sec.9 last year in october. In Nov. I will file the case of divorce under sec.13(1)(1b)and 13(1A)(ii). On this issue I would like to understand some points:

1. Whether court will pressurise me for keeping my wife again if she says that she will live with me if she appears in the court?
2.I dont want to keep her in any circumstance so whether court will understand my position also?
3. What will be the time limit for getting the divorce? Will it be easier if I have got the decree of Sec.9?

Regards

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Vinod Singh Tomar (Expert) 03 October 2011
Since your wife has not obeyed the order from the date of decree and she must have also not shown any willingness to reside and cohabit with you. It is apparent from your statement that more than one year has elapsed from the date of decree U/S 9 of HMA. Therefore, you can file the case for divorce apart from contempt of court under contempt of courts act and also under CPC.

As far as your point no.1 is concerned, no court pressurize to any litigating party.
Your point no.2 is related to your will and I think this needs no comments as you are correctly intending to file application for divorce on cruelty.
Time limit can not be guessed as it depends upon several facts and circumstances like work load of the court, availability of parties, holidays and vacant court due to transfers of presiding officers and holidays etc.

Shonee Kapoor (Expert) 03 October 2011
1. Whether court will pressurise me for keeping my wife again if she says that she will live with me if she appears in the court?
THE COURT WOULD DEFINATELY TRY FOR RECONCILIATION.

2.I dont want to keep her in any circumstance so whether court will understand my position also?
YES, THE COURT WOULD UNDERSTAND, YOU JUST HAVE TO SAY, THAT YOU DON'T WANT TO STAY WITH HER ANYMORE.

3. What will be the time limit for getting the divorce? Will it be easier if I have got the decree of Sec.9?
IT CAN BE DONE AFTER GIVING A HEARING TO BOTH PARTIES ON THE FACTUM OF SECTION 9 DECREE. UNLESS THE OTHER PARTY CAN PROVE, FRAUD OR COLLUSION IN THIS REGARD.

REGARDS,

SHONEE KAPOOR
HARASSED.BY.498A@GMAIL.COM

Shailesh Kr. Shah (Expert) 06 October 2011
1. Whether court will pressurise me for keeping my wife again if she says that she will live with me if she appears in the court?
Ans.Yes

2.I dont want to keep her in any circumstance so whether court will understand my position also?
Ans. you need to explain...why?

3. What will be the time limit for getting the divorce? Will it be easier if I have got the decree of Sec.9?
Ans.In normal circumstances, after hearing both parties.