Shiva......... (owner) 10 October 2013

Got 6 month time limit for 13 a

Dear all

Just wanted to share my case details. After U turn in 13 B, wife filed DV case at her home town. 3 months later i filed 13A at my place. She got stay from high court and prayed for transfer of 13 A to her place giving routine excuses. In high court i appeared and didnt file any objection and sincerely prayed that case may be transferred to her place subject to 6 months time limit is given to lower court to dispose both the matters(13A &DV). And judge was kind enough pass the same order within one month of stay order.

I dont know weather the lower court will stick to this order or not. So how should i utilize this opportunity at lower court. What precautions i need to take at this stage?

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4 Replies

(Guest)

@ Author,

1. You have not stated the fact's prior to 13B and it's process afterward's?, what was the condition put in the MOU,? how she called off?

2. Now once matter reached to contesting divorce by your end with her DV, It's better to use her MOU which she was ready for MCD at initial stage and there was no Domestic voilence,if it was there then she would have definately turned out for the same but she had not even written a NCR to any police station during those time frame.

3. It is obvious that she is full of ill intesion where she is hell bent to harass her husband.

4. You have got a favouring order from High court that both case should be finished within 6 month's so stick with the basic's.

5. Here you have to produce the evidences where her sole intension is to harass you,produce that MOU of first motion.

6. Counter her DV case with proof's and witnesses,once DV is disposed and judgement goes in your favour then make this judgement as base and revealing this for consequent argue that she has done only mental harassment to me from the very begining.The divorce should be given on the basis of mental cruelity. So,prepare your strategie by recollecting all the fact's which has been occured in your day to day activity and where she was lacking,what she has done and how you have felt.

7. Hire an expert and smart lawyer who has to argue like an amplyfier for you.

Best of luck

Shiva......... (owner) 10 October 2013

Dear sufferer,

plz check ur PM

T. Kalaiselvan, Advocate (Advocate) 10 October 2013

Shiva,

Though the high court has given a direction to the lower court to complete the case within 6 months, it is not possible practically because of various constraints and administrative as well as practical difficulties involved in the legal department. For your information, even if you have objected to transfer of the case to her place, the high court would have favored her with going by her request because the law is sympathetic towards the weaker s*x and it is unfortunate for the other side.

Shiva......... (owner) 12 October 2013

@ Kalaiselvan sir, actually i knew judgement will be in her favor. So to fasten the procedure, i didnt file any objection so that this transfer petition is disposed off soon and trail will begin at earliest. And i took the advantage of 6 months time frame. I dont know if it help me or not.