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Vikrant Goel (fkhjk)     04 August 2011

Divorce petition reply not received

My wife left my house in Dec. 2007 living 1 year child and 5 year child with me and never turned back. Despite of my several efforts to get her back she started living with her brother in law and i am in doubt she has her illicit relation with her brother in law. when i tried to approach court, as my in-laws are in local judiciary and my wife in Haryana High Court, through there influence she filed 498-A case against me. There after another case through her sister in law under IPC 354 which was also found false in Police Investigation. Local Judge called DSP to file the case under 354 and finally agreed to file under IPC 323. Thus i was sent to Judicail custody in false case 2 times. I had applied for Divorce on Mental Cruelty Groun in Aug. 2009 which were officiallly summonised on 19th March 2010. There after Family Court Judge has given 6-7 dates for re-concillation and i have appeared on every date but she never appeared in court to claim her matrimonial rights nor children custody and not even replied to my Divorce petition as 2 years has passed of filling Divorce petition and about 4 years of seperation. My lawyer has oppossed before the Judge and demanded for Ex-party judgement. Judge is not hearing anything from my lawyer and acting as per my in-laws will as they all are in Judiciary. How can i proceed further to get early divorce.


 2 Replies

M/s. Y-not legal services (Advocate)     04 August 2011

Why your counsel can't approach your high court for frame the time limit for conclude your case. I mean for speedy disposal.

Adv. Chandrasekhar (Advocate)     04 August 2011

First inspect court file.  Next prepare application giving details of every date's order in chronological manner.  Pray for ex-partee proceedings and get the judge's order in respect of application.  If he allows your application, the case can go further in ex-parte.  If he does not allow, approach the high court against this order and seek ex-parte proceedings as well as speedy disposal of your case.

Your wife's presence only is required in divorce case.  Your in-laws are irrelevant for the case and you ask the judge to bar them to appear even in the court.

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