CS Raghav (nil) 29 October 2016

Case not moving in court

I filed a divorce case against my wife on the grounds of cruelty in March 2007. with in one year maintenance for the then 2 minor children fixed (wife is earning) and my cross witness started. But thereafter for last 5-6 years rest of the part of my cross-witness has not been restarted. Misc application for enhancement of maintenance from her side, u/s 340 from both the sides and 21 B from my side are pending. 4-5 Judges have changed since then. Both the children have also attained majority in 2010 and 2015. Still I am paying maintenance for them as the application has not been heard. All Judges are giving dates only initially at the intervals of 1-2 months and now 4-5 months. I feel clear gender favoritism by the few Judges. I am afraid to reveal that many a times the Judge while giving the dates falsely record that I have asked for the adjournment (date), while I am always ready to give witness or any other thing. I am in panic and cant dare to oppose that act of Judges. The next date is in March after previous date in this Sept. My lawyer has also surrendered due to realizing this situation 2 years back. I need a very pushing and committed (as he used to skip time of call and reaching late) lawyer along with advise as to how to expedite it. Is there no time limit for disposal.

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9 Replies

(Guest)

Boy, Law works on basis of justice, equity and good conscience. Legislations and precedents are set by various HC and hon SC. All these decide how trial is conducted and final judgement delivered by FC. Your case is civil, it will only affect few ppl ie u, ur wife and kids. If it was criminal case, the entire society would get affected, hence criminal case move fast, on daily basis. In civil.case also you can ask FC to conduct trial on daytoday basis, by going for appeal in hc. Here you have two kids, after two kids you shouldn't have gone for divorce, whatever might be the matter, now you've spoiled kids lives, just throwing money isn't enough. As father you have failed and hence this lazy approach towards the case. Changing lawyer won't help. You are a stingy fellow or else you would have thrown more money n gone for one time settlement. You had both options, continuing with this mrg for sake of kids or paid heavy amount for MCD, nor do u have patience to wait till case is over (keeping in mind new FC are opened everywhere) lots of matrimonial cases, hence the delay. Now no use going for 1 time settlement. You already lost many years. 1 time settlement is within 1 year, not beyond that.

(Guest)

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(Guest)

It's really a pity, you have not one but two kids and looking for divorce. You shouldn't have married at all. Court sees all this and hence reacts. If you are in such hurry, go for MCD. Be liberal.while paying..

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