Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajesh (SE)     12 April 2012

How much time a divorce process will take

Hi

i got married in Dec 2011 and i have  baby

we are legely seperate from nov 2007 she has file 498A ,sec 9 and CRPC 125 in nov 2007 in Faridabad court haryana

now i am on that stage 

1.498A is on evedence stage

2.Section 9 Petition that field by her is dismised by family court

3.for crpc 125 i am payin 7000 RS per month for baby she is working

4.Now in march 2010 i have field Divorce petiton besed on 3+ year sep ,Curelty and her section 9 pettion has dissmed by court

and in the divorce case they have to rply till now they didnot give reply

i am ready to give her divorce but she is adament she is not ready to give divorce

i just want to know how much time i have to wait or any other legal action could i took to get out this mess quickly could you please help me out 

and one more thing this case is in Haryana faridabad court



Learning

 17 Replies

amit kumar singh (HIGH COURT)     12 April 2012

To file reply to your divorce petition the time presctibed in statute is 30 days.........there are ways people avoid and delay this...but in a situation where the reply has not come forth for over two years ask ur counsel to move an appliction under Order 8 Rule 10 and seek an ex-party decree of divorce.

amit kumar singh (HIGH COURT)     12 April 2012

but the facts mentioned in your question are quite contrary..............as in you got married in dec.2011??? legally seperated..and that too since Nov.2007??? are you kidding???...what do you mean by this???????// and finally you file a divorce petition in 2010????...please correct your facts dude.....

Rajesh (SE)     13 April 2012

hi sir

my mean she filed all case in nov 2007 from that day we are seperate.not get divorce till 

stanley (Freedom)     13 April 2012

There is no hard and fast rule for the time limit for a Divorce case .You cant even go for mutual consent Divorce as she is not ready for it . 

Aishwarya (Teacher)     13 April 2012

No one knows how much time it takes but it does takes time for sure..Though the provision of MCD is there for sppeding it up but its only applicable when both the parties agree to it..

MohammedRaffiq Bijapur (Advocate)     13 April 2012

Brother Rajesh,

in indian judiciary the matters concerning the matrimonial cases are considered causiously. Courts are inclied to dispose off the matter in speedy because a possibility of reunion after consilation are aspired.

So time is not prescribed.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

I wish someone could predict the time in courts.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sandeep Naik (Advocate)     16 April 2012

Minimum six months

supabcdefgh (teacher)     24 April 2012

I am also looki for divorce. Wife not willing. So decided to move out. With time keep mistress.

If she still do not want divorce, enjoy life. 

Anjuru Chandra Sekhar (Advocate )     24 April 2012

Wife filing 498a giving right to Court and Police to prosecute husband for misbehavior, but not willing for divorce. Modern Sati Saavitri.:)

Anjuru Chandra Sekhar (Advocate )     24 April 2012

Our laws spoiled women like this. Wonder why lawmakers do not find element of cruelty in this that a woman is ready to dislike husband, hate husband to the extent of punishing him through Courts but not willing to let him go out of marital relationship.  It is very evident the moment a woman files a case under Section 498A she is expressing her intent to see that her husband is punished because the aim of 498A is punishment not settlement amount. Why a woman who wants to see her husband imprisoned and pleads strongly in criminal court that he shall be punished and fights tooth and nail to prove him guilty wants to still not accept divorce and be part of that marital relationship?  We know it is just to harrass husband and get a good settlement amount.  And so we should also know that this is "cruelty" which is legal in nature. 

 

Law shall be made in such a way that a woman who files criminal complaint under Section 498A cannot reject Divorce when offered by husband.

1 Like

Rajesh (SE)     24 April 2012

Yaar kya kiya jaye samaz nahi aata na divorce milta hai na ye 498 katam hota hai

Anjuru Chandra Sekhar (Advocate )     24 April 2012

@ Rajesh: Use the question I posed somewhere in your defenses.  A woman is claiming that husband is bad enough to deserve punishment by courts.  That being the case why she does not want to give him divorce?  Does she like bad husbands?

Anjuru Chandra Sekhar (Advocate )     24 April 2012

We should not be so indulged with logic of legalities that we forget simple common sense.


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