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Frustrated with Justice (individual)     26 June 2011

Justice delayed is justice denied

 

I am fighting my divorce case under Hindu Marriage Act on grounds of cruelty and desertion in Delhi for past 5 years. (1) Cruelty: My marriage has not been consummated for past 12 years because of my wife's strong desire and vow to avoid s*xual relations due to her religious nature. Also she mostly never lived with me but with another lady friend. She has admitted that the marriage is not consummated but has blamed me stating that I did not want s*xual relations. (2) Desertion: she did not want to stay together for more than two years since filing of petition.

I seek help because 5 years have passed and the case is still in District court in evidence stage. She has taken loads of adjournments. Further, for past two dates of my evidence, the hon'ble judge has been giving dates 5 months apart!!! Is it usual to give 5 month later dates at evidence stage? At this rate my case will take many more years. 

Does anyone have any suggestions on how I can speed up justice in my case. Fast track court, PIL, anything?



Learning

 5 Replies

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     26 June 2011

Hi, You can just approach the high court to get the order for speedy disposal of your case.

1 Like

Dalip Kumar Chhabra (Advocate)     26 June 2011

If ur wife is getting maintenance under courts order.  Move application for suspension or variation  or modification of the order of maintenance on the ground of delatory tacttics being adopted by your wife. There is a Judgment on this point  as well.  Move the Fast track court itself , with copy to the high court concerned, without disclosing or mentioning in your application that copy thereof is also being sent for High court perusal and request High court to pass appropriate directions in the matter. I am hopeful that your simple application can also be treated as petition by the High court and you may get favourable order in the matter.

Saurabh..V (Law Consultant)     27 June 2011

@Author

 

Delhi High-court, is one of the elite and best courts running at this level in our country. There are many judges who are well equipped with knowledge about the latest trends in the society and they are ready to take pain for you and allow truth to prevail.

 

In your case, as correctly suggested by @Dilip, you should approach High-Court seeking speedy trial. Speedy trial is your fundamental right which cannot be transgressed by any court by givin 5months dates. Also, if any party does not appear on arbitrary grounds on concerned dates, then its the duty of the court to issue non-bailable warrants against such person. Even then if the other party does not follow, then the court can pronounce ex-parte decree in your favor.

 

//peace

/Saurabh..V

Frustrated with Justice (individual)     28 June 2011

Many thanks to all for your reply.

I have already approached Hon'ble High court with the matter. It has passed an order which states that the case is progressing now for past two dates (despite evidence after 5 years and last two dates after 5 months each!!!) Further, it has only "requested" trial court to dispose the petition as expeditiously as possible.

With this order, I approached the district court to prepone the hearing date assigned 5 months later. But Hon'ble judge refused saying it is not stated in the order to prepone the date. Maybe the directive is not binding on the lower court. I am not hopeful of this order serving much purpose.

Is any other course of action open to me?

Dalip Kumar Chhabra (Advocate)     29 June 2011

Again approach trial  court with second application specifying the request for preponement and than ask the court to pass such an order that directives of high court are not binding upon trial court and if that order is passed than move high court for contempt of court   


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