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mrgop (Owner)     20 February 2010

speed up divorce case if wife dragging it not appearing

My marriage was on nov-08 and one month after marriage she filed for Annulment/Divorce on grounds that I am impotent and mental patient which are entirely false allegations. I also filed for RCR denying all allegations. Since then the case was posted for counselling five times. On first two dates I was absent and both advocates and she was present. I appeared on 3rd date as it was on expiry of one year after marriage and 4th and 5th dates, but neither she nor her advocate was present on all these dates. I came to know that Judge had marked as Counselling Cancelled  after 4th date and posted case for hearing on 5th date, but the file was still with cousellor and the case didnt come up before the Judge. As they were absent counsellor told me that the file will be sent back to Judge and case will be called before the Judge next date.

Now my question is that if they are dragging the case with out appearing in court, what could I do to speed up the case? Is counselling must or can I request the Judge to cancel the counselling session and proceed for trial? If request for cancelling counselling because of their non appearance, would It cause any harm to my side as  filing RCR and requesting for cancelling the counselling is contradictory? What are legal actions that I can take for dragging the case and such  false allegations which would destroy future? Can I first ask the court to sent me for medical checkup or Should I wait and ask them to prove their allegation during trial so that they would be forced to ask the court to send me for medical checkup? Which one is good if I plan to take legal action agaist them once I get decree in favoure of me? Please help.

 



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 4 Replies

mrgop (Owner)     20 February 2010

Prabakar sir, Thanks for the help. Anyway I'm not ready to go for mutual divorce evenif she is ready for it, and would like to get it decided on merit. I know the consequences of my decision as it would take money, effort and time. But I want to speed up the case as she is dragging it not appearing in court, and to get a decree as soon as possible. So plz tell me what are legal ways to stop her dragging the case? Can I file application in HC for speedy disposal of case in FC? Can I start any criminal proceedings against them for false allegations such as impotency and mental problems in their divorce petition before getting a decree from FC? plz help

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     20 February 2010

counselling is compulsary now. if she do not appear it will be ex party. yes court takes some times but after a gap they allowed ex party also.

she told you impotent,- it is enough cruelty. why she trying to avoid the court, after putting the case? you will get the ex party. even if she withdraw the case do not allow her.

you must have received the notice where she complains that you are impotent. this complain is the prove.keep patience, you willget favourable results. here you attack by asking for medical test. in such cases  medical should be first, then councelling should start.

you file a petition for speedy disposal at the divorce court and not hc.

21B. Special provision relating to trial and disposal of petitions under the Act. (1)The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be, necessary for reasons to be recorded. (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. (3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     22 February 2010

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