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mohammed hamsa (accountant)     11 June 2013

Divorce case carrying on indefenitely

Hello all,

I have been living separate from my wife for close to 8 years now . We have a child who is in her custody . I am not allowed to get in touch with my kid in any way and 2-3 years before my wife filed a case for divorce.

The case involved a heft sum of alimony & custody of our kid  . The case has been going on in the court since then and very recently they informed the court that they are looking for amicably settling the case and the case moved a mediation centre.

On attending the mediation sitting i came to know that the entire thing is a farce and there wasnt even a possiblity of both parties agreeing to the terms as suggested by her. the case has now gone back  to the family court .

how long can someone drag a case in the court through non appreance & delay ?


 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 June 2013

how long can someone drag a case in the court through non appreance & delay ?


It can be dragged and delayed as long as possible....!! But if you can see the delay tactics why you and your advocate are silent and becoming a meek spectator?? A party who is intrested in delaying the matter will surely use all delay tactics, but if the other side is vigilient then those moves can be restricted and crubbed to a lot extent. Ask your ld. lawyer to take objections on the non appearance of the other parties and take suitable steps to wind up the case soon.

Vinayak (self)     11 June 2013

i support the good advice given by the learned lawyer above


but why DID you submit to the family court ? IF you are really mohammaed hamsa .... and IF you are a muslim ...why NOT give talaq ?


talaq is a VALID form of divorce since the british times


muslims have FOUGHT for it and got their rights to their own personal law as guaranteed in the constitution of India


please read case below






I am NOT a lawyer ....

mohammed hamsa (accountant)     11 June 2013

I am a muslim. Cant finalise it in terms of Talaaq as per muslim law since there was contention of alimony & child custody.

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