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Sreenivas V (S/W)     24 October 2014

Divorce case reopen

Dear Members,

I filed a divorce case 7 years ago and finally two months back the arguments completed and finally 2 months back it was said reserved for judgement. Since 2 months completed but judgement not given. This is a taluk level court. Now came to know that case is going to reopen and girl will give statement saying she also wants divorce and then court will give divorce as girl also want it the court is giving divorce. This is what our lawyer is saying. Previously we came to know that divorce will be given based on cruelty charges as we won 498A and also there are chances that adultery may be also taken into account.

So based on above things I am getting doubt if there is any influence happening here to influence the judgement or is this a common thing happens in courts. So what I am observing here is to avoid cruelty and chances of adultery they are reopening the case. Can a case be reopened which is reserved for judgement.

Please advise on this if anyone aware on the above.



 14 Replies

Tajobsindia (Senior Partner )     25 October 2014

@ Author,

 

1. Yes, a case can be re-opened till Judgment is not actually "signed" by a ld. Judge. 


2. Even after signing the Judgment by a ld. Judge same case can be "set-aside" by a superior Court and sent back for retrial by trial Court. 


3. Now, I have no idea what the Judgment could be. Face the matter and press vehemently your sides say via an rejoinder to her statement followed by arguments for verdict to be in your favor.

 

[Last reply]

Dr J C Vashista (Lawyer)     25 October 2014

1. Re-opening shall  start (in higher court, except review) if the case has been finally decided, which is still pending.

2. If the girl has agreed for mutual consent divorce, proceed, this the best opportunity donot let it go.

3. Show your case file to some local lawyer and you may seek second opinion, where nothing can be advised without analysing the brief.

G. Y. Sharma (Advocate)     26 October 2014

Dear Mr. V. Srinivas,

Let me first inform you that no divorce case shall ever be adjudged only in favour of women. It depends upon the evidence lead by both the sides. If the wife comes forward to seek divorce, then the husband need not necessarily come down to her taste. It is up to him to give consent or to contest the matter. you said you have filed a proceeding for divorce on the grounds of cruelty and adultery and the same is now reserved for judgement after hearing both the sides. Evidence on all the spheres was also ended. If any party to the case applies for its reopen at this stage, he/she has to give cogent reasons for such reopen. Reopen of the case or leading additional evidence in one's own favour at such a stage is not normally accepted. If your wife seeks to reopen the case to lead evidence against your contentions, it may be accepted on submitting good grounds. But the court shall not pass a decree in the manner apprehended by you just because the wife has come forward to give her consent for mutual divorce. You can plead that the Divorce case which you have filed has to be disposed off basing on the evidence but not on the ground of the wife simply coming forward for divorce by mutual consent.

That's all.

Truly Yours,

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

gysharmaadv@gmail.com

Sreenivas V (S/W)     26 October 2014

Thank you all for your valuable suggestions.

Very thankful for Sharma on highlighting important points here. Next week we will know what is going to happen on this. This type of many things were said to us before but Judge always used to reject these from the girl side when they try to bring these up. So next week we will know if this time what is going to happen. Based on that we will contact you.

Thanks

T. Kalaiselvan, Advocate (Advocate)     27 October 2014

You have mentioned lot of things without any confirmation about them.  Did she move any application to reopen?, if not, why do you worry about the issue which is not there?, how did your lawyer know that she is going to re-open the issue?, is he having an understanding with the opposite side?  Even if she is moving an application, you may see on what grounds she is filing another application and prepare yourself to counter it because the court will not decide just on the basis of an application filed before it, it will hear both the sides and then only you will come to know the outcome, therefore, on getting the copy of her fresh application, prepare your own strategy to counter it.  If you find your lawyer is not cooperating, you may ask him to follow your instructions to the last leg of the case so that you do not have to stranded without the benefits of having fought for so long years.

Adv k . mahesh (advocate)     27 October 2014

Now came to know that case is going to reopen and girl will give statement saying she also wants divorce and then court will give divorce as girl also want it the court is giving divorce.

I dont see any discussion here again because after 7 years of contesting at final stage the girl also want divorce and may be she is filing her consent for divorce why worries

as the final judgement is not pronounced you and your lawyer will be there so decide the course of action at that time do not be in hurry as already you have waited for 7 years and one more week 

Anand Bali Adv. (Advocate Solicitor & Consultant)     29 October 2014

Dear Friend,

 

Wait and watch what actually is happening in the court, it is a normal course of conduct of the court that they reserve the judgement for next hearing or for some time with them to brush-up the decision, get it finally typed and then announced as the whole course of pronouncing judgement is a very careful exercise where a Judge has to cover all the aspects of the case in to consideration and adjudication then come to the conclusion of decision making.

Do not presume for any thing at this point, many persons find fun in spreading rumors, so do not give a ear to it, what so ever will happen it will come in your front and no decision will be taken on the newly added points without giving you an opportunity to listen and present your side. Reopening of case only can beheld by the higher court when it finds that some thing material has been left while delivering  a judgement, higher court can direct for the retrial of the case even under light of new circumstances.

Sreenivas V (S/W)     09 November 2014

Finally this case has reopened and girl gave statement saying if the judgement is given under cruelty without adultery then it in that scenerio she also wants divorce. Actually divorce case has been filed under adultery, cruelty and as consumation not taken place null and void categories.

Now my lawyer is saying if I go and tell in court that for me also ok on what my wife told in court then same day divorce will be granted, otherwise he cannot guarantee anything.

Same thing was told in June this year also and judge says she will not allow as after wards they may put cases at that time arguments still not started. So just wanted to know if I agree for this is there going to be any issues later. Or is it good to go ahead and accept it and take divorce immediately.

Only major doubt for me here is why they are asking to want divorce without adultery. Whatever judgement comes everyone in their village and neighboring villages knows the truth. By merely giving judgement without adultery may help her officially stating she is good, but in that village and neighboring villages everyone knows the actual truth. Even taking divorce on cruetly is bad for her and she is saying on cruelty grounds it is ok for her but not adultery.

Dr J C Vashista (Lawyer)     09 November 2014

Have faith in your lawyer and proceed as advised.

Anand Bali Adv. (Advocate Solicitor & Consultant)     13 November 2014

I do not know what a fun you will get if the Divorce will be given on Adultery ground? have you got it proved in the court ? I think n ot as proving adultery is very hard in the court. If you are getting ridoff the woman on any XYZ ground what does it make any difference? Have faith in your Advocate and proceed according always see the objective how it is to be achieved at earliest and start a fresh life again.

Girl's statement that she is agree to divorce only on the ground of Cruelty and not on the ground of Adultery is baseless se can not force court to agree on her way of decisions.

1 Like

Sreenivas V (S/W)     10 January 2015

I really don't care on what grounds divorce is given. But the girl here is asking court in that way.

Arranged marriage in 2008 lasted for 3 days, Won 498 A 2 years back. Applied divorce in 2008.

Current Status

Court reserved the case for Judgement on Aug 21. On Nov 7 the girl put a petition saying as I put bad remarks on her she wants to divorce me and she will not say any objection to my divorce petition but she is ok for divorce if divorce is given on any ground except adultery.

On Nov 14 Court objected for it saying she cannot direct court on how judgement should be given and they removed the sentence saying she is ok if judgement is given on any ground except adultery.

Since then the judgement is still pending. If Jan 21 comes it will be 5 months completion successfully. 

Everyone saying we have to wait, but I don't know how long like this we can wait here. Based on ground realities and what happened since last few years we suspect it is a deliberate delay. In 498A case after arguments in 1 week we got judgement. In that case total 9 witnesses were examined. In this case just me and the girl.

T. Kalaiselvan, Advocate (Advocate)     10 January 2015

You have to wait for the judgement how much so ever it gets delayed, the courts over burdened with litigation hence delay is normal.

Sreenivas V (S/W)     31 January 2015

On Jan 20 2015 it was said that Judgement not pronounced, Case reopened and notices issued to both advocated to come on FEB 20 for hearing. No party asked for reopen of this case this time but Judge herself opened it. Our lawyer is saying just to take time judge has done like this. Both the lawyers does not have anything to say as they both said all they wanted to say.

This case was reserved for judgement on Aug 20 2014 and on Jan 20 2015 this is what happened. When we inquired with some of the lawyers and my lawyer what we came to know is that it seems she does not want to give judgement and hence doing like this. As by end of FEB they are getting transfers she will be transferred. But here the problem is when new judge comes again arguments and how long that new judge takes time to give judgement GOD knows.

Only option some of the lawyers suggested is to go to HC for speedy conclusion of case as now the case status is reopen not reserved for judgement.

Sreenivas V (S/W)     07 November 2015

Finally on June 19 divorce has been granted in this case on the grounds of cruelty. The case was filed on the grounds of Cruelty, Adultery in 2008. No alimony or maintenace paid. Got this Judgement only after sending a request to complete this case as early as possible to Dist Court and filed for speedy justice in High Court. After orders from both higher courts within 2 months this Judgement has been delivered. The actual Judge who was there during the complete trial of this case did not give Judgement for more than a year after all arguments completed. She even told me that I will not get divorce. After sending these letters to higher courts she was very serious on me and luckily she got transferred. After she was transferred the new Judge gave judgment with in 2 weeks after he taken charge.


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