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naresh (technician)     26 September 2018

How much time it take judge to take petition for divorce

dear sir.
i have applied for divorce on grounds of adultery and cruelty with some proofs .it is filed nearly 1 month ago but still not got case no from judge .my lawyer saying one week..one week ..it's going on. sir please tell what is the process and how much time it takes exactly.


 17 Replies

Martin S.   27 September 2018

Your lawyer will have to  file the petitoin wiht the registrar by paying requisite fees.

The registrar will read it and proper sections are mentioned, then he will register the case provided you go along iwth your lawyer with aadhar card, one photo passport size. Entire matter will be done in about 3 hours time.

If you have not done the above, you catch hold of the advocate.  and give complaint on him to barcouncil of India through email stating that he has not filed the case.

Martin S.   27 September 2018

Once the registrar registers the case after looking into aadhar or other ID proof, he will give a case number there itself.

G.L.N. Prasad (Retired employee.)     27 September 2018

It is not that easy, and depends on the facts stated in the case , defects apparent on petition and work pressure on such Registry.  Once you approach court, and when proceedings may take years, be patient with the result.  Do not fight with advocate from very beginning, as his prestige is also involved in getting number and it establishes his power, influence and drafting. Have patience, as the Registry is also having accountability to state reasons for keeping the petition pending, and preferring petitions filed later.  Be prepared for such inordinate delays and do not get irritated as these are very common in any court.

1 Like

G.L.N. Prasad (Retired employee.)     27 September 2018

It is not that easy, and depends on the facts stated in the case , defects apparent on petition and work pressure on such Registry.  Once you approach court, and when proceedings may take years, be patient  from the first step..  Do not fight with advocate from very beginning, as his prestige is also involved in getting number and it establishes his power, influence and drafting. Have patience, as the Registry is also having accountability to state reasons for keeping the petition pending, and preferring petitions filed later.  Be prepared for such inordinate delays and do not get irritated as these are very common in any court.  If you are more disturbed, go personally and inquire for the delay unofficially (???)

G.L.N. Prasad (Retired employee.)     27 September 2018

It is not that easy, and depends on the facts stated in the case , defects apparent on petition and work pressure on such Registry.  Once you approach court, and when proceedings may take years, be patient  from the first step..  Do not fight with advocate from very beginning, as his prestige is also involved in getting number and it establishes his power, influence and drafting. Have patience, as the Registry is also having accountability to state reasons for keeping the petition pending, and preferring petitions filed later.  Be prepared for such inordinate delays and do not get irritated as these are very common in any court.  If you are more disturbed, go personally and inquire for the delay unofficially (???)

G.L.N. Prasad (Retired employee.)     27 September 2018

It is not that easy, and depends on the facts stated in the case , defects apparent on petition and work pressure on such Registry.  Once you approach court, and when proceedings may take years, be patient  from the first step..  Do not fight with advocate from very beginning, as his prestige is also involved in getting number and it establishes his power, influence and drafting. Have patience, as the Registry is also having accountability to state reasons for keeping the petition pending, and preferring petitions filed later.  Be prepared for such inordinate delays and do not get irritated as these are very common in any court.  If you are more disturbed, go personally and inquire for the delay unofficially (???)

naresh (technician)     27 September 2018

Thank you sir for the reply...When eve i ask him he says it is kept for judge no. And a high court order is there to take case when other cases clears ..a 20 cases are waiting for no..But if an emergency case comes then what ...

G.L.N. Prasad (Retired employee.)     27 September 2018

That is absolutely true.  It was learnt that SC is bent upon clearing of cases before 2012, and when cases before 2012 ae pending with that Advocate before 2012, further cases are not being permitted.  In many courts this has become an issue and Judges told to advocates to approach to HC Bar Association and to life such directive.  Advocates are helpless (I am stating of such incidents in AP Courts on my personal knowledge)

1 Like

Martin S.   28 September 2018

Originally posted by : naresh
Thank you sir for the reply...When eve i ask him he says it is kept for judge no. And a high court order is there to take case when other cases clears ..a 20 cases are waiting for no..But if an emergency case comes then what ...

Get the case transferred to some other court where there are less number of cases.  Thats the easiest optoin.  Anyway its divorce case and it will run for aother 20 years as it is nt mutual consent divorce.  So what's the hurry?

Why not try some other laternative?

1 Like

naresh (technician)     28 September 2018

I tried all means sir ..They just wanted to send her back without any confessions and guarantee that she will not repeat this again.and at the same time they are saying they will not give divorce as she is enjoying with her BF in her house she has problem but I'm facing problem as single living...How much time I live as single and .Can i get married without divorce

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     28 September 2018

In Delhi case will be put before the judge within 10 days from the date of filing.

Martin S.   28 September 2018

Originally posted by : naresh
I tried all means sir ..They just wanted to send her back without any confessions and guarantee that she will not repeat this again.and at the same time they are saying they will not give divorce as she is enjoying with her BF in her house she has problem but I'm facing problem as single living...How much time I live as single and .Can i get married without divorce

Good to give one chance to wifey.  Anyway adultery is ont punishable crime, so plan your life properly.   This is your chance for second honey moon.

naresh (technician)     29 September 2018

sir by means of mediators i came to know that they are not ready to give divorce and she continues to stay with her parents and enjoying with BF ..so they have no problem at all.but problem is I'm facing , I'm living single and suffering a lot ..in this situation if I marri then only i will be able to fight with her for a long time...(they are saying they will not give divorce during whole life time)

naresh (technician)     29 September 2018

how can I give another chance sir.. neither she regretting nor she giving any assurance that she will not do same thing in future and her parents supporting her in adultery as her BF is thair relative .if I give a chance means I'm committing suicide

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