I filed restitution of conjugal right against my in-laws in 16 Apr 2008 at my home district Giridih and raised request to pass an order for my wife to accompany me. She filed a transfer petition to move my conjugal Right case from Giridih to Dhanbad. We both were counseled at high court where she denied accompanying me in written and the transfer petition is dismissed. I got decree (ex-party) on 03 July 2010. My wife appealed against the decree at high court and the appeal is dismissed.
In addition, my wife filed a case against me on dated 17 Mar 2009 U/S 323,498A, 406 and Dowry Prohibition act u/s 4. Also she filed for maintenance u/s 125(4) at district Dhanbad, her native place.
During hearing of case “u/s 323,498A,406 and u/s 4 of Dowry Prohibition Act”, Magistrate sent us for counseling, where she agreed to live with me in written. Thereafter case sent back to the Magistrate with counseling report and when Magistrate called us on hearing. During hearing on 13 Feb 2012, she denied accompanying me orally. Now, Case is ordered for charge.
1. Is there any rule / provisions for time limit for the finalization of the case?
2. What can I do for Fast Track finalization of the case?
3. If someone agrees in written at counseling and later on denies verbally in front of magistrate. What should I do in this circumstance?
4. Can I file for Divorce, as I am separated since 4 years?
5. Will she get Maintenance in these circumstances?
6. Can I proceed for marriage as case is going lengthy and has no laid down time limit for dismissal?