arunprasad (Engineer) 09 April 2012

Divorce case

Hi all,

I filed for divorce case in Sept 2011. There were 3 dates after that and opposite party just filed
appli. for money to fight the case in one of the hearing and NO reply to the notice. We were sent to mediation in early Jan'12 and it went for 3 months. She wanted to return back after her parent's pressure but I was not ready for any such compromise. Mediation judge also gave dates after dates and mediation was failed recently on last date.

Now after the mediation failed and at most recent court date, the opposite party did NOT file any reply to notice and again a hearing date was given for May'12.

My question is till what time this date after date game will go on and what can I ask to judge on next hearing date i.e. in May'12. I dont know my lawyer will speak something or not.

The other question is what is the criterion that a lawyer can be engaged from High Court/Supreme court to fight the case in District court(in this case Patiala house) as I am not sure about my
lawyer and he speaks in same tone as of oppsoite party to make compromise and call her back.

Thanks a lot

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4 Replies

Adv. Chandrasekhar (Advocate) 09 April 2012

There are certain mandatory steps, which shall be taken before disposal of a court case. You filed divorce case. The court's obligation is to refer the matter to mediation to find out whether any cohabitation is possible. next, once court receives the report that mediation failed, and if there is pending application under Section 24 (maintenance and litigation expenses), the court has to dispose of this application. Then, your wife will be asked to file reply to divorce petition. later on evidence affidavits are filed and cross examination goes on against them. finally arguments. there will be adjournements after adjournments. So, people get frustration about this judicial process. Even s.c. or h.c. advocate cannot get the case move faster. but if you are not satisfied with your advocate, you can engage any advocate. that is upto you.

arunprasad (Engineer) 14 April 2012

Thanks Chandu sir for the answer.

So just to make sure, if the opposite party's advocate asks for another date at next hearing, can we ask the judge to hear the Section 24 litigation expenses at least. My only worry is they are delaying the case, can we at least ask the judge to hear Section 24 application or issue notice to another party of filing reply to petition.

Thanks a lot