Exparty Divorse

@ Author

1. Approach Sessions Judge to give direction Incharge Judge to prepare Decree sheet under "extreme hardship clause" Seek help of your case ld. Advocate he will know about pleading this stand.


2. 90 days from receiving certified copy of decree sheet.


3. Send by RAPD certified copy of decree sheet to her last known address and RTI Indian Post for AD in case you do not receive the AD back ! Additionally send scan copy of decree sheet to her email ID as knowledge thereof of such decree. Further use courier post to send additional copies of such ex party decree sheet to her address as knowledge thereof for further safety.

For the records what caught my antenna in your message is your one sentence "whereas outside Court we settled" line. This is most tricky line as per eyes of Law. I mean when both of you wanted to settle issues amicably then why outside Court? It could have been very much part of Mutual Consent Divorce vis-à-vis your another line on "7 years of suffering" which is nothing compared to having patience for few more months when both of you have arrived at settlement to approach Court with mutual consent divorce annexing settlement MoU.


Since it is ex Party and suppose in future keeping your past 7 years of some suffering as you say so, she approaches Court challenging this ex Party divorce then there have been instances where such ex Party divorce have been opened up by concerned Courts for next round of XYZ years of sufferings now via a contested divorce.


One shall never do a out of Court settlement and then take ex party decree is my safe advise. If settlements outside Court arrived at parties to any suit “amicably”  then it shall form part of the decree in proceedings to be on safe side of Law (present and / or future).


However, you are best judge of your own situation other than my duty to point to both sides of such ex party divorce scenarios as in bare reading down your this post. 



So where is the party now :-)  

go to HC
 

hi,

 The problem of non appointment of judges is now very common in our judiciary. Normally the incharge Judge doesn't take care about the caes pending in the court. They simply adjourn the case in one line  but the sufferers are the poor litigant public.

In such a case any urgency arise, we can approach the concern incharge judge for hearing of case. if you fails there , you can approach the administrative judgeof the District( Principl District Judge) to redress your grivence or approach the high court  either for speedy disposal or transfer of the case form one court to another court. 

It does not matter whether it is i/c judge or relugar presiding officer.

I/c court is not meant for giving adjournments only.

Your lawyer isn't following or fooling you to squeeze out money for case hearing money!!

There is no difference between vacant court or court with a regular presiding office.

Vacant court is not an abandoned court.

Ensure you stick there for whole day and persist that your case be heard that day and refuse to take next date or file a memo with principle judge.

Your case may be heard atleast at the end of the day!!!

IS clerk giving you dates? has you ever gone in front of i/c judge? the i/c court may not even be knwoing what happens to case to which the bench clerk gives next dates as all these things happen in that vacant court room!! A

t the end of the day, i/c judge simply may be signing on each adjournment.