13b order by hc
Ark
(Querist) 11 May 2015
This query is : Resolved
Dear experts,
Based on in-chamber mediation at HC, the judge ordered the couple to file the 13B petition for divorce before relevant family court jointly within 30day and get proceeded acordingly. o.p.(wife) is pure mischievous, and her moto is only to harass and not to quit or join back for lifelong(just 2 year of marriage and litigation since 2010). And
1. We(husband) afraid of the voilation of the hc order by tricky way by o.p. Because, 13B petition is mutual.
2. Since the order is directional, so in case of her reluctance on 13B petition, what may the hc's atititude towards wife counterpart.. I mean to say, what r all to argue before HC in such situation.
3. Since, we dont have any contact or communication with O.P. So how to submit such peition. It Required the signature of both the party.
4. Any other guideline for submission of 13B petition, proceeding/try, or argument before HC is most pleased.
(This order arised while hearing the quashing of cognigance u/s 498a and wife refused to join back on the ground of huge gap in relationship/breakdown)
Thanks in adv.
Devajyoti Barman
(Expert) 11 May 2015
If your wife is reluctant you can NOT force her to file MCD.
Dr J C Vashista
(Expert) 12 May 2015
Unbelievable and hypothetical story not a legal query by anonymous author namely "Ark".
Is it true that "just 2 years of marriage and litigation since 2010"?
How were you entertained directly by a HC judge for mediation-in chamber without approaching and proceeding in a Family Court?
Rajendra K Goyal
(Expert) 12 May 2015
If the facts are true send registered letter to join for MCD as per HC directives.
Ark
(Querist) 12 May 2015
Dear Vashista Sir,
we honour ur comment. My words may not be arranged correctly. But, there is no lie it it. 2 yr of marriage I meant for .... after 2 yr of marriage(aug 2006 to aug 2008) she was separated from us and since 2010 court or legal complication started. My name kept secret just becausd my o.p. found to be spying on me in many ways.
--In 2009 we sent legal notice to come back. No response.
-- July 2010 we(husband) filed divorce u/s 13(ia),(ib)
-- dec 2010 she filed Fir u/s498a n d.p.
-- July 2011 we got the bail at Session court.
-- Oct 2012 we filed the 482 petition at HC to quash the Fir
-- Mar 2013 she got my div case tranfered to her home district.
-- since jan 2015 hearing of my 482 is in progress. O.p. Tried may trick to get DFD(dismiss for default) of my case. Since, We submitted multiple strong ground to quash. And we also, argued all those tricks applied by o.p. So, little bit sucess. Lets see, how it goes, and will keep updated this post. But as of now the ordr for 13B is the challenge for me. Hence, need help of experts.
Regds Ark
Guest
(Expert) 12 May 2015
What action is being taken by your own lawyer, if you believe, "O.p. Tried may trick to get DFD(dismiss for default) of my case"?
Ark
(Querist) 12 May 2015
Till date All misleading or no information displayed on nic web site regarding case status, court, judges, hearing schedule. So that we may be absent at court room. We had to rely on printed cause list only.
Notice to o.p. submitted twice befor hc office not sent for 2 years
Faced very hardship to review the records.
Vakaltnama for o.p. Consel made disappeared from records.
Significant orders was made unavilabe for longer duration.. Saying it not yet pronounced.
Still we are struggling to get the order for 1-5-2015(order for 13B) for which we are planing to mention before the judge since, judge himself has fixed time limit for 30days.
O.p. Is bit high hand people.
Devajyoti Barman
(Expert) 12 May 2015
you can try your luck by changing your current lawyer.
Dr J C Vashista
(Expert) 12 May 2015
Which court is your case pending? What is the stage of the case? Do you have faith in your lawyer or not?
P. Venu
(Expert) 12 May 2015
Please state the material facts, unblemished by your subjective opinions.
Ark
(Querist) 12 May 2015
Yes! All above problem(excepts last one) is been resolved by changing the lawyer.
We changed the lawyer 3 times. But, problem was increased instead of decreasing.
Then we decided to apear In-person and we did it since dec-2015 and since 4 month(feb to untill date listing my case) we got phenomenal progress. We dont say lawyers are bad. We say all our lawyer appointed by us was fixed by o.p.
And i would thank the all nobel peopel in this forum helped me on legal point.
But, last one... The certified copy of order 1.5.15 and 13B petition became chalnge for me. As untill date we prepared enough on 482.
13B petition required her co-operation, but in this case it is the direction of HC. And cc of order is unavailable untill date. We have the time limit of 30day (got to know when judge was dictating the order to steno). The summer vacation also starts in this month(24th onwards). Dont know it will fail or sucess.
Today i consulted the registar(vigilance) of patna HC rearding copy of order. He said plz wait for some more time. But, still the hope is the typical judicial Hope... Justice after the death.
sukanya (Joyce)
(Expert) 12 May 2015
Ark",
apply for certified copies of order sheet from dates you need to know the significances. hard copies of those certified copy of case will help u to know, u can directly apply as an applicant for certified copies.
well, if ur case in family court is pending, then as u told that HC judge gv 30 days time, even thought time lapsed, produce the order copy in that case n submitted that u r needed to follow the court order of HC for family redressal sake.
family court might refer matter for mediation n if ur spouse willg to obey HC order matter completed or else proceed with case claiming ur prayer.
sukanya (Joyce)
(Expert) 12 May 2015
to get cc concerned clerks has to issue the same to you within 7 days mimim days for them to issue is 7 days, so better apprch concerned clerk or write a memo to the CEO of concerned court to take action ask them if urgent fees is supposed to be paid then issue cc urjently.
Ark
(Querist) 12 May 2015
Dear sukanya ji,
Ur comment is really valuable. (Ice water to the thursty throat).
Yes. Divorce case is pending before family court since too long.
One query... We need to get the cc of order sheet of proceeding at HC, Not the order of 1.5.15. Is that I understood correctly?
Rgds Ark
T. Kalaiselvan, Advocate
(Expert) 12 May 2015
You are getting confused by putting lot of things together and not able to get reply properly because of your confusion. Be clear in what you want to ask and ask them one by one, dont mix up whole thing.
SAINATH DEVALLA
(Expert) 13 May 2015
Had U mentioned all the facts in UR initial post,there would not have been such a lengthy discussion by the experts.Still UR query has not only confused U but also the experts.
Ark
(Querist) 13 May 2015
Dear experts,
Nothing to get confused here. As i have been mentioning repeatedly that my challenge is the submission and proceeding of directional (HC order) 13B petition before family court. And to get the certified copy of same order (by HC). Rest story is explained to make understand its background. Anyway comment by Ms Sukanya is seems to be useful enough. More comment is most welcome.
Rgds Ark
T. Kalaiselvan, Advocate
(Expert) 14 May 2015
No more comments to your query, if you are satisfied with one expert's opinion, better close the thread without stretching it any further.
