cpc

girl dragging the case


My borther got married in 2001, the girl left him without a clear reason in 2004 and never came back. They never had a child. Finally after a lot of prodding she agreed to file for divorce by mutual consent which was filed about 9 months ago. But after that girl's family decided that they're going to drag it as along as possible. Its been 4 hearing now that they haven't showed up and ask for next date with lame excuses. Is there any way we can get a quick divorce since its pretty obvious that they are dragging feet. It is pretty clear that they will never get together. The girl or her family are not giving any reason nor are making any demands like alimony or maintenence but still dragging it. My brother is at a point of breakdown now and we're clueless. We've been told that the recent supreme court verdict takes away the power from civil courts to grant unilateral divorce in such cases. Is there something that can be done? Is there something that we're missing?

 
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Lawyer

dear Jai Chand, the best solution in this situation is persuasion.

 

talk to the other party for quick settlement.

 

its true that as per recent judgment in 2009 the trial court and high court can not waive off the 6 months period and further the presence of both the parties at second motion is must....no unilateral divorce.

 

keep u cool and let the matter finished amicably, even a bit of anger or other legal step may bounce back.


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Thanks for the quick reply. We've tried a little bit of persuasion. It seems that they are being dishonest about it and if we try and call them, they come up with excuses like health etc and try to assure us that they'll show up at the next hearing, which they don't. And every time their lawyer tries to get the farthest date possible. And as I said, my brother has almost broken down, if this continues anymore I fear disastrous consequences for him. Thats why I am looking for options for quicker resolution of this matter.

 
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Family Counsellor

Chand,

You also need to drag the case for next 9 months if she does not come. Do not let the case dismissed. On the expiry of 18 months from filing of MCD, you can ask the High Court to grant the decree of divorce when the case has not been withdrawn. The High Court can grant the divorce.

 
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Family Counsellor

Chand,

You can also try filing SLP in Supreme Court for granting the divorce stating that they are not staying together since last 5 years and not co-operating in MCD for last 9 months. This needs to be filed using article 142 of Constitution of India, where only SC has to power to grant the divorce. This will also take time and most probably they will grant the divorce immediately. In some cases the divorce has been granted at SLP level itself.

 
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