Divorce petition
Vijay Kumar
(Querist) 02 December 2013
This query is : Resolved
My wife filed 498A and DV case and case is pending for trail and almost 2 years passed. Should i wait until 498A trail is closed for positive decree or i can go with divorce petition on grounds of desertion(3 years-no children).
1)Is there a way to get speedy Divorce with sec 21B(this should be filed in which court-family court ?criminal court ? civil court ?)
2)can we challenge the decree in higher courts if we file petition in one of the above 3 courts & fast track courts ?
3)i heard it will take 5 to 6 years,even though we have enough evidence of cruelty.
4) if courts awards alimony to wife,Does onus lies on husband to prove she is married after paying alimony for certain period of time ? can't she give affidivit every year that she is unmarried?
Devajyoti Barman
(Expert) 02 December 2013
1. No speedy divorce possible exept mutual divorce.
2.decree can be challenged in high court only.
3.yes
4.no you have to prove her remarriage.
BAALASUBRAMANNYAMM
(Expert) 03 December 2013
Barmanji has suggested you properly. No need to add further.
Rajendra K Goyal
(Expert) 03 December 2013
Repeated query:
almost similar query was raised by you at:
http://www.lawyersclubindia.com/experts/Divorce-petition-438366.asp#.Up2TiuKLq_I
If any further advise needed, post in same thread, do not start new thread.
