Suzanne (Service ) 28 December 2023

Contested divorce case

I have filed for contested divorce case in Bandra family court which got registered on 4th July 2022. The grounds for divorce was mentioned as cruelty meted out at my matrimonial home after marriage compelling me to end the martial tie. Our marriage was done on 27th December 2019. We have being staying separated since more than 2 years for now. He have never appeared in court hearing only once his lawyer appeared. He stayed in North India. Counseling was done with just me. I want to end this marriage at the earliest but this is taking so long and each time the next hearing date is approx 3-4months.My lawyer is saying she is trying for ex Parte but no progress in that yet. As again next hearing is 3months later.

Can you please advice on getting divorce case resolved sooner.

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 28 December 2023

There's no short cut method to get the divorce case disposed soon.

The court has posted the matter with long gap in between owing to various reasons including the heavy burden of work on that court.

However this will not prevent you to approach high court with a petition seeking expeditious trial on the given fact of delaying tactics adopted by the respondent

Suzanne (Service ) 29 December 2023

Can you please let me know the ex Parte procedure

Ambanshu Sahni 29 December 2023

The best way forward would be to go for divorce by mutual consent under section 13b. That is if you are in touch with your husband and you both agree to the marriage .

Real Soul.... (LEGAL) 29 December 2023

You should set him ex parte if he is not appearing in case then produce your evidence and get decree. You should also file for maintenance application he will be pressurized