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SeekingLegalOpinion (Employee)     05 November 2014

Guidance on exparte order

Experts

A quick background...I had filed my divorce case in Aug 2012 in a sessions family court and the case went on for almost 2 years with no progress at all....A total of 35 hearings and my wife attended only 3 that too for counselling since the court does not mandate the presence of parties.  On my lawyers advise withdrew this case and filed a new one in the high court that mandates the presence of parties. 

She attended the 1st couselling but after that she has not been attending the past 2 hearings. Today, the judge had posted for Exparte Order in Jan.  Now, I am not sure how to deal the situation. I am sure my wife will come and appear on that day or she will file an appeal even if the order gets passed. This seems to be going into a big loop with just me attending the court every hearing at the cost of my job and money along with stress.  

I know that the Indian courts favour women but is there a possibility that I can get a hold and move the case faster ? Sheer harrasement is what me and my family is facing. How to make a progress here....Pls. advise.



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 3 Replies

Tajobsindia (Senior Partner )     06 November 2014

@ Author,


1. Wait for the Order which will be passed in Jan. 


2.
Wait for Appeal if any.


3. You could have used ‘speedy disposal direction by presenting facts before a superior Court’ in previous 2 years why crib now for something which may or may not happen!


4. Law favors ‘vigilante’ and not only women litigants as case made out.

 

[Last reply]

Adv k . mahesh (advocate)     06 November 2014

you should have talked to her and file mutual consent divorce rather then contested divorce and now it is at final ex parte stage wait and see

SeekingLegalOpinion (Employee)     17 November 2014

@ Adv. K.Mahesh -  Sir, I am not even sure if she will consent for a Mutual divorce. Hence I had to go for a contested divorce. 

On the ex-parte hearing date, I am sure they will appear and re-invent the wheel again. 

@ TajobsIndia - I was not sure if there is a speedy disposal option for divorce matters in high court. Can you pls. provide some inputs on it


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