Contest divorce
Vijay Kumar
(Querist) 02 December 2013
This query is : Resolved
Hi
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.
Adv Archana Deshmukh
(Expert) 02 December 2013
If you have good ground and evidence then, you can file the divorce case even now without waiting for the disposal of the 498A and DV case. The application u/s. 21B of HMA has to be filed in the HMP proceeding.
Time taken for disposal would depend upon the court and how fast your lawyer would persue the case in the court.
Vijay Kumar
(Querist) 02 December 2013
Thanks Archana, can this be filed in any of the three courts i.e criminal,civil,family,fast track court etc....can we challenge the decree in higher courts,if it is negative outcome.
prabhakar singh
(Expert) 02 December 2013
You are legally not a victim but accused of 498a which if terminates in your acquittal you may call your self a victim.
Next thing lady Archana deserves respect 4m you!?or not?
Charity begins from home is the saying!
Charge me wrong, if i am?
Your balance sheet of matrimonial life bottom line was lying red Lady Archana tried to ink it black yet you did not feel obliged is a concern!
Pardon me if in your philosophy of life you find me wrong!
R.K Nanda
(Expert) 02 December 2013
agree with expert Archana.
Vijay Kumar
(Querist) 02 December 2013
prabhakar ji, i have great respect for all members & experts on this platform. I do not want to hurt any one in any manner. I apologize, if i have hurt any one in any manner. Pardon me if there is something missing due to typo error.
Raj Kumar Makkad
(Expert) 02 December 2013
I respect both experts as well as querists as both are incomplete without each other.
Anyway, your query has already been resolved by experts.
Rajendra K Goyal
(Expert) 03 December 2013
Agree with expert Archana ji, nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 03 December 2013
Yes Adv. Archana has given some valuable tips, why dont the author try to follow instead of getting confused thinking over lot of things at this stage itself.
