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Rajesh (SE)     18 September 2013

Divorce is like impossible mission

HI,

i am facing 498A from last 6 year 

Case Status 498A:--Evidence stage still 7 evidence pending always get Date nothing happen.

Case Divorce: Pending from last 3 year status evidence stage .date per date nothing else.

Case section 9 Filed by wife dismissed by court.

Case crpc 125 paying maintenance

She is not ready to give divorce.i am now 36 year old from last 6 year facing this problem but no progress.

Now I don’t have any hope to get out from that problem

 

Why indian law take so much time. That why people take wrong step due to frustration .because I court they get only date whole life is destroyed. Any suggestion what should I do 



Learning

 6 Replies

Raja_498a Victim (Manager)     18 September 2013

Bestway is go to high court and submit petition to expedite the 498a process.

Highcourt gives time bound to lower court to finish in 6 months depends on merits.

Once you get acquittal will get divorce. Otherwise goes in loop and you never comeout.

Talk to your lawyer and file petition in high court to expedite it. You need to follow up and speed up process.

Rajesh (SE)     18 September 2013

hi 

thanks for reply i have one question if i filed a application for expedite the 498a process.how much time the high court will take to give instruction

to lower court .i have discussed that matter with some one else they said that even high court will take 1-2 year to decide on you application for expedite the 498a process.

my matter in haryana court .


(Guest)

All 498a acquittal does not mean divorce guarantied man..anyways what does ur wife want ?money or wants to teach u a lesson?

Rajesh (SE)     18 September 2013

i think she wants that i never settled in my life wants to spoil my life 


(Guest)

Look brother ,i don't know the details of ur case but can tell u one thing that ,the one who has done wrong deliberately amongst both of u will suffer ...nor law nor god will be with her if she is trying to make ur life hell without any reason..

Raja_498a Victim (Manager)     18 September 2013

Once you get acquittal in 498a, is ground for divorce on cruelty. There are many Judgements in this regard.

You can also say that marriage has been broken completely by filing false and bogus cases on you. Even if family court dismiss your application of divorce, you can appeal in high court where divorce will be granted, many Judgements in this regard. You need to fight the case on merits.

Coming to High court, talk to your lawyer. It depends on location. May be your lawyer can tell better.

Definitely you can approach high court and express your concerns and expedite. I saw many cases where high court directed to complete in 6 months and trial court obeys time bound. As your case is running for more than 5 yrs, there are 100% chances where high court can direct trial court.

No court keeps you unsettled for ever. One point of time decision will come on divorce. Since 6 Yrs alreay passed, it clearly shows marriage has been broken completely.

Once you get acquittal in lower court, your lawyer needs to argue in family court on cruelty, and broken marriage. Decision will come on merits.

So good luck.


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