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Engineer Jack (Engineer)     15 June 2016

Delay in impending divorce for years

Hi, I am fighting my Never-Ending divorce case past 7 years in Delhi and have no respite, as my estranged wife just want to torture me by delaying the proceedings and court indirectly helps her in adjournments. We have Delhi high court order in our favour but still my hearing dates are once in 7 months. In an average I get 30 -40 mins hearing every year. My cross examination is going on and on past 4 and 1/2 years in Delhi and it may go on for another 5 years, as the intention of her council is to delay and ask nonsense questions. Plz advice the action plan, so that we can close this divorce at the earliest. Out off court settlement is not possible as she says " I wont leave u nor would I come to our matrimonial home". Now she has raised her maintainence petition, asking for arrears. Plz advice. Many thanks, Jack  ( email: engg810@hotmail.com, cell:9860895515)



 10 Replies

Dana Kayoni (Expert Humanitarian and Lawyer)     15 June 2016

Originally posted by : Jack
Hi, I am fighting my Never-Ending divorce case past 7 years in Delhi and have no respite, as my estranged wife just want to torture me by delaying the proceedings and court indirectly helps her in adjournments. We have Delhi high court order in our favour but still my hearing dates are once in 7 months. In an average I get 30 -40 mins hearing every year. My cross examination is going on and on past 4 and 1/2 years in Delhi and it may go on for another 5 years, as the intention of her council is to delay and ask nonsense questions. Plz advice the action plan, so that we can close this divorce at the earliest. Out off court settlement is not possible as she says " I wont leave u nor would I come to our matrimonial home". Now she has raised her maintainence petition, asking for arrears. Plz advice. Many thanks, Jack  ( email: engg810@hotmail.com, cell:9860895515)

Summons.

Evidence - 2 dates, one urs one hers

Cross -  2 dates, one urs one hers

Arguments- 1 day

Furter argument if any 1 day

Order/judgement.

Within 6 dates your case should have been over. Take 3 months gap for each date, in 18 months ie 1-1/2 year your case should have been over.

 

I think your lawyer is hath milao with opposite lawyer.  Change lawyer first, there are many lawyers I know in NCR who are honest, if u want I can  refer you one. But NOC lena padega from old lawyer..

Kapil Chandna (Lawyer at Supreme Court of India)     15 June 2016

Sir, 

 

Please say what the Delhi High Order says about the time within which the case should be finished. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Engineer Jack (Engineer)     15 June 2016

Dear Mr Kapil, Delhi high court judgement says that " Court notices delay in the proceedings but they do not hold the respondent (my estraged wife) responsible for the delay". Then it orders Lower court to expedite but Saket court do not heed any respect towards the High court order and gives hearing after 7 months. Unfortunately, my lawyer could not get the high court order with time bound dissolution. Plz advice what can be done to expedite my divroce proceedings.

  

FightForCause (Businessman)     16 June 2016

Jack write an email to Pricipal Judge Family court and also to chief justice HC Delhi.

State all the facts and reason of delay. Also try to get the certified cause list copy of your family court last date. Check what dates others have got there. If they have got earlier dates , mention the same in your email and state that you are being harrassed. Tell Principal judge to get u an early date and court to issue notice to ur wife to be present on that date.

Second route is to go to HC again, which is time consuming and money consuming process.

 

Courts are governed by GODS, not by judges.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 June 2016

Please boycott family courts.

 

A walk alone (-)     16 June 2016

Change your lawyer it appears he is mix up with opposite party or opposite party has given him money for making delay. Hire some experience lawyer and ask him to take dates at short interval and to finish the case as soon as possible.

Engineer Jack (Engineer)     17 June 2016

Hi,

I have changed 3 lawyers but what I have noticed is that changing lawyers do not work in India. The Hindu Marriage Law itself is quite weird and there is no law in India which can help party, who wishes to contest with honesty. Strugglng past 7 years. Boycott family court does not help!

Jack

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     30 July 2016

changing lawyers does not help. Even the HC order will not since courts are not machine since there are no of cases.

 

Your basic approach is conflicting.

Even after divorce you have to pay maintenence. You can eascape only when you do not have paying capacity.

innocenthusband   01 August 2016

Originally posted by : Engineer Jack
Hi,

I have changed 3 lawyers but what I have noticed is that changing lawyers do not work in India. The Hindu Marriage Law itself is quite weird and there is no law in India which can help party, who wishes to contest with honesty. Strugglng past 7 years. Boycott family court does not help!

Jack

i have changed 2 lawyers in a span of 18 months and now my case closure is less than a year away. u need to study the law yourself and ask questions. there are able lawyers out there who need not take 3-4 years to close your case. find an able lawyer to fast track the application.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     01 August 2016

Legal procedures before the family courts are in a very pitiable state and the same shall in no way improve in the upcoming days unless the government takes cogent action and increases the strength of the numebr of judges/courts empowered to deal with materimonial disputes.

I have seven cases in which I hold High court orders for expeditious disposal. Unfortunatelt nothing csubstaintial can be achieved with the same as the family courts are extremely over burdened and understaffed. However you may engage a new lawyer who might be aggresive and persuades the judge to direct the opposite lawyer to expedite the cross examination.

 

PS : It is shameful to note how many members especially advocates, casually mention averments such as lawyers getting involved with the opposite side. It is disgusting that instead of advising litigants who are as it is frustrated and upset, you further make such aspersions that will make him lose faith on the judicial system.  I understand that dishonesyt lawyers do exist. But then without cogent evidence , to level such allergations merely because you feel like amounts to nothing short of pathetic. Do you even know why the case is pending since such a long time???? Are you even aware of trhe facts of the case? If you feel that the only reason that cases prolong in courts are because lawyers get muddy, then you are highly inexperienced and do not deserve to be advising anyone on this forum because you clearly are not aware of several other contingencies which make a case go on for a long time. It is pitiable that such statements have been made by you.

The querist is obviously troubled with his case. And to add to that, now he will also start doubting his lawyer thanks to the random stuff you wrote above.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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