Problem in divorce

Neeraj Jha (Querist) 13 June 2022 This query is : Resolved
Hi Experts,
Please help me since 8 years I am trying to get divorce but date pe date lge ja rhi h, court is not responding well.

I filed a divorce case u/s 13(a) on false 498A and False DV ( judgement done and in my favour)
Case chale ja raha chale ja rha, my wife's advocate come in court and take the date and making the case lengthy. Each time minimum date time always 3 months.

Can I suit Case u/s 500 defamation on my name and my family members seperately. Will it be benifited? judgment date was old May-2019 can now me and my family members file defamation now??

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Quick Summary

This discussion addresses a prolonged divorce case where the user has faced significant delays over eight years, with their wife's advocate allegedly prolonging proceedings. The user is seeking advice on filing a defamation suit against their wife and family members due to false accusations, especially after a favourable judgment in May 2019. Experts suggest filing a writ of mandamus with the High Court for expeditious disposal or a criminal defamation petition, potentially requiring a Section 473 petition if time-barred. Legal advice is recommended to navigate these options effectively.

kavksatyanarayana (Expert) 13 June 2022
No....................................................................................

Dr J C Vashista (Expert) 14 June 2022
Seek advise of your lawyer who is well aware about facts and circumstances of the case(s).

Neeraj Jha (Querist) 14 June 2022
He is just taking date, that's why I am asking here sir

Dr J C Vashista (Expert) 14 June 2022
File a writ of mandamus before High Court for expeditious disposal (preferably time bound) of the case(s).

Advocate Bhartesh goyal (Expert) 14 June 2022
Defamation petition does not lie .File writ petition before H.C and prey for issuance of directions to Family Court to decide the matter earliest.

P. Venu (Expert) 15 June 2022
You may bring the matters to the notice of the High Court.

Pradipta Nath (Expert) 16 June 2022
You can file a criminal defamation. In case the case is time barred, you need to file section 473 petition as well. Alternatively you can send a legal notice to your wife for compensation for false complaint.

Dr J C Vashista (Expert) 16 June 2022
Let the judgment delivered before taking further decision regarding filing of defamation case / suit against her.

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