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JM (JM)     14 July 2013

Ex-parte speedy disposal

Wife, after filing false 498a, has prayed for speedy disposal of her divorce case, without even serving me notice. The judge has already granted her relief with speedy disposal. The case is just 6 months old.

 

Is it worthwhile appealing?

Can I file perjury if the grounds she used commit that offence? But the case has already been disposed.



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 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 July 2013

It is impossible that the judge granted ex parte divorce without issuing notice to you. Check it out properly. If divorce is granted and you do not want it then you can file an appeal.

JM (JM)     14 July 2013

Only an order for speedy disposal was done. Not the actual divorce itself.

Adv Archana Deshmukh (Practicing Advocate)     14 July 2013

So what is the problem..? There is nothing wrong in speedily disposing matrimonial cases. Fight the case on merit.

JM (JM)     14 July 2013

A false 498a is the problem.

Adv. Chandrasekhar (Advocate)     14 July 2013

It is not problem.  Instead of that it will save you in S. 498 A case.  A divorcee wife is less enthusiastic to pursue S. 498-A.  Fight divorce case on its own merits and even if you want to go for divorce, go for mutual divorce with a condition that she will withdraw S. 498-A case.

Adv Archana Deshmukh (Practicing Advocate)     14 July 2013

Agreed with Adv. Chandrasekhar ji, tell your wife that you are ready to free her by MCD with the condition that she will withdraw 498A case.

JM (JM)     14 July 2013

Will a wife get divorce easily if she demands it?

killivalavan (manager)     07 May 2015

My divorce case is going on in vellur for more than 5 years , madras high court ordered speedy disposal to complete the case before July 2014, lower court-vellur  JM got one month extension from high court , ordered Ex-parte divorce during mid of august 2014 and communicated back to high court for the case closure.

My wife applied set side application during last week of nov 2014  using Order-9 Rule-13 with the reason saying that she was hospitalized for more than two weeks during august 2014, so she was not able to attend the case and meet the lawyers.

The lower court allowed the set aside application during feb 2015 without putting any time limit to complete the case.

 Can lower court allow the set aside application without getting extension from madras high court?

Can lower court allow the set aside application without mentioning the time limit to complete the case?

 

My Perjury pettion( 340 Cr.P.C)  was dismissed in lower court during 2014 though I submitted proof for her employment ,

Can I go for appeal u/s 341 Cr.P.C in madras High court or to district court ? please advice

 

killivalavan (manager)     08 May 2015

My divorce case is going on in vellur for more than 5 years , madras high court ordered speedy disposal to complete the case before July 2014, lower court-vellur  JM got one month extension from high court , ordered Ex-parte divorce during mid of august 2014 and communicated back to high court for the case closure.

My wife applied set side application during last week of nov 2014  using Order-9 Rule-13 with the reason saying that she was hospitalized for more than two weeks during august 2014, so she was not able to attend the case and meet the lawyers.

The lower court allowed the set aside application during feb 2015 without putting any time limit to complete the case.

 Can lower court allow the set aside application without getting extension from madras high court?

Can lower court allow the set aside application without mentioning the time limit to complete the case?

 

My Perjury pettion( 340 Cr.P.C)  was dismissed in lower court during 2014 though I submitted proof for her employment ,

Can I go for appeal u/s 341 Cr.P.C in madras High court or to district court ? please advice

Please advise me on the above query 


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