Courtexperience 16 December 2016

Judge refusing to accept affidavit

This is a five year old case with last 2 years at crossing stage. Respondent husband is not interested in continuiing the case. So he tried to file an affidavit twice in court mentioning his acceptance to give divorce. But the Judge is refusing to take his petition for no reason but is only insisting on continuation of trial. Judge keeps giving dates without even pressing him to cross me for 2 years now. What should be done to make the judge accept his affidavit? Can this affidavit be filed in the filing section instead? Please suggest

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3 Replies

Ajaz Haider (Lawyer) 17 December 2016

File an application alongwith affidavit in registry section of the Court and approach u/a 227 of COI for its early disposal in a time framed before your concerning High Court

Ajaz Haider (Lawyer) 17 December 2016

File an application alongwith affidavit in registry section of the Court and approach u/a 227 of COI for its early disposal in a time framed before your concerning High Court

(Guest)

1) You have not mentioned the nature of the matter and under what provision of law have you filed.

2) The onus is generally upon the petitioner/complainant/plaintiff to withdraw the matter. If both of you husband and wife wants to settle the matter then you may withdraw/adjourn the matter sine die and meanwhile file a joint petition under 13B(HMA, I am assuming you are Hindus) for divorce by mutual consent. After the divorce proceedings are complete then you may withdraw the matter. If the present matter is also for divorce then you and your husband should request the court to convert it into divorce by mutual consent.

P.S please list full details in future

Regards