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Upendra (Lecturer)     20 February 2015

Undue delay in maintanence case

my wife though with good job, she hid the fact that she was working & filed a maintenance case in Andhra Pradesh, the judge was biased towards her as she was a friend of one of her relative, this was way back in 2012. I had then posted this problem in this forum for guidance, as per the suggestions I applied for transfer of case from that court to another court in the same district citing discrepancies in her address and jurisdiction, I won the transfer to the other court which was hearing a 498a case filed by her aginst me and my family, the first court had already finished her chief and cross by then, the other court had take taken up the case in July 2013, but since then nothing has happened, I believe that even this judge is being influenced by that other biased judge. It is 2015 now.

My query is that

1) This judge has given 18 adjournments for further evidence.

The petitioner wife is only taking adjournments and not presenting any evidences at all for past two years.

18 adjournments for a single cause seem insane is this permissible in law, or is he going beyond his boundaries to help her.

Further my wife has cited the delay in maintenance case and filed for interim maintenance in November 2014 though the delay is actually caused by herself. She and her counsel were pressing for urgent disposal of the interim maintenance and we were put to lots of questioning by the judge when we sought one additional adjournment for providing our argument, During the arguments I presented a secondary proof to show that she was working in Hyderabad and is not jobless as she is claiming to be along with multiple citations in my support (courtesy:- lawyers club India). Her counsel immediately sought for adjournment for providing additional citations, which was given immediately without any questions. And since then they have taken seven adjournments for providing additional citations on their behalf.

To my knowledge an interim maintenance case should be disposed within 60 days, but the judge has allowed the case to prolong much beyond the stipulated period it is almost 100 days now owing to my wife’s counsel’s request for adjournment for providing additional citations on their behalf.

Sometimes I can’t make out if this is a judicial court or a kangaroo court that is being run for the whims and fancies of the petitioner

 

Since this is forcing me to travel about 600km for each hearing this is costing me money, time, and strain. What can I do to expedite this situation? I don't want to have a confrontation with the judge as it can lead to other complications.

Probably my wife’s game plan is that prolong the case while forcing me to come each time and put me in to sufficient mental torture that at some point of time I might break down and agree to her demands which are too unjust (she is un officially asking for half of what is owned by my father, mother, and that of my brother all put together, which was hard earned by them, whereas I am now penny less as all my savings had to be spent bail in 498 and for legal battles since then)

I am attaching the adjurnments for your persual and informed sugestions

MAINTENANCE CASE UNDER 125 CrPC

Hearing date        Next hearing date          Purpose of Next Hearing

                              15-07-2013                      NOTICE          (case re-numbered on this day)
15-07-2013            05-08-2013                     FOR TRIAL    (though it says for trial nothing
 05-08-2013          13-08-2013                      FOR TRIAL    happened, but providing an
13-08-2013           30-08-2013                      FOR TRIAL    adjournment for next date)
30-08-2013           13-09-2013                      FOR TRIAL
13-09-2013           26-09-2013                      FOR TRIAL
26-09-2013           10-10-2013                      FOR TRIAL
10-10-2013           25-10-2013                      FOR TRIAL
25-10-2013           08-11-2013                      FOR TRIAL
08-11-2013           23-11-2013                      FOR RECONCILIATION
23-11-2013           23-12-2013                      FOR TRIAL
23-12-2013           20-01-2014                      FOR TRIAL
20-01-2014           09-02-2014                      FOR TRIAL
09-02-2014           03-03-2014                      FOR TRIAL
03-03-2014           19-03-2014                      FOR TRIAL
19-03-2014           10-04-2014                      FOR TRIAL
10-04-2014           30-04-2014                      FOR TRIAL
30-04-2014           14-05-2014                      FURTHER EVIDENCE
14-05-2014           10-06-2014                      FURTHER EVIDENCE
10-06-2014           01-07-2014                      FURTHER EVIDENCE
01-07-2014           18-07-2014                      FURTHER EVIDENCE
18-07-2014           11-08-2014                      FURTHER EVIDENCE
11-08-2014           12-09-2014                      FURTHER EVIDENCE
12-09-2014           24-10-2014                      FURTHER EVIDENCE
24-10-2014           05-11-2014                      FURTHER EVIDENCE
05-11-2014           13-11-2014                      FURTHER EVIDENCE
13-11-2014           26-11-2014                      FURTHER EVIDENCE
26-11-2014           19-12-2014                      FURTHER EVIDENCE
19-12-2014           26-12-2014                      FURTHER EVIDENCE
26-12-2014           05-01-2015                      FURTHER EVIDENCE
05-01-2015           13-01-2015                      FURTHER EVIDENCE
13-01-2015           28-01-2015                      FURTHER EVIDENCE
28-01-2015           11-02-2015                      FURTHER EVIDENCE
11-02-2015           19-02-2015                      FURTHER EVIDENCE

19-02-2015           04-03-2015                      FURTHER EVIDENCE



Learning

 9 Replies

saravanan s (legal advisor)     20 February 2015

file a petition for speedy trial in the court


(Guest)
Originally posted by : Upendra



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my wife though with good job, she hid the fact that she was working & filed a maintenance case in Andhra Pradesh, the judge was biased towards her as she was a friend of one of her relative, this was way back in 2012. I had then posted this problem in this forum for guidance, as per the suggestions I applied for transfer of case from that court to another court in the same district citing discrepancies in her address and jurisdiction, I won the transfer to the other court which was hearing a 498a case filed by her aginst me and my family, the first court had already finished her chief and cross by then, the other court had take taken up the case in July 2013, but since then nothing has happened, I believe that even this judge is being influenced by that other biased judge. It is 2015 now.

My query is that

1) This judge has given 18 adjournments for further evidence.

The petitioner wife is only taking adjournments and not presenting any evidences at all for past two years.

18 adjournments for a single cause seem insane is this permissible in law, or is he going beyond his boundaries to help her.



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Further my wife has cited the delay in maintenance case and filed for interim maintenance in November 2014 though the delay is actually caused by herself. She and her counsel were pressing for urgent disposal of the interim maintenance and we were put to lots of questioning by the judge when we sought one additional adjournment for providing our argument, During the arguments I presented a secondary proof to show that she was working in Hyderabad and is not jobless as she is claiming to be along with multiple citations in my support (courtesy:- lawyers club India). Her counsel immediately sought for adjournment for providing additional citations, which was given immediately without any questions. And since then they have taken seven adjournments for providing additional citations on their behalf.

To my knowledge an interim maintenance case should be disposed within 60 days, but the judge has allowed the case to prolong much beyond the stipulated period it is almost 100 days now owing to my wife’s counsel’s request for adjournment for providing additional citations on their behalf.

Sometimes I can’t make out if this is a judicial court or a kangaroo court that is being run for the whims and fancies of the petitioner

 

Since this is forcing me to travel about 600km for each hearing this is costing me money, time, and strain. What can I do to expedite this situation? I don't want to have a confrontation with the judge as it can lead to other complications.

Probably my wife’s game plan is that prolong the case while forcing me to come each time and put me in to sufficient mental torture that at some point of time I might break down and agree to her demands which are too unjust (she is un officially asking for half of what is owned by my father, mother, and that of my brother all put together, which was hard earned by them, whereas I am now penny less as all my savings had to be spent bail in 498 and for legal battles since then)

I am attaching the adjurnments for your persual and informed sugestions


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MAINTENANCE CASE UNDER 125 CrPC


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Hearing date        Next hearing date          Purpose of Next Hearing

                              15-07-2013                      NOTICE          (case re-numbered on this day)
15-07-2013            05-08-2013                     FOR TRIAL    (though it says for trial nothing
 05-08-2013          13-08-2013                      FOR TRIAL    happened, but providing an
13-08-2013           30-08-2013                      FOR TRIAL    adjournment for next date)
30-08-2013           13-09-2013                      FOR TRIAL
13-09-2013           26-09-2013                      FOR TRIAL
26-09-2013           10-10-2013                      FOR TRIAL
10-10-2013           25-10-2013                      FOR TRIAL
25-10-2013           08-11-2013                      FOR TRIAL
08-11-2013           23-11-2013                      FOR RECONCILIATION
23-11-2013           23-12-2013                      FOR TRIAL
23-12-2013           20-01-2014                      FOR TRIAL
20-01-2014           09-02-2014                      FOR TRIAL
09-02-2014           03-03-2014                      FOR TRIAL
03-03-2014           19-03-2014                      FOR TRIAL
19-03-2014           10-04-2014                      FOR TRIAL
10-04-2014           30-04-2014                      FOR TRIAL
30-04-2014           14-05-2014                      FURTHER EVIDENCE
14-05-2014           10-06-2014                      FURTHER EVIDENCE
10-06-2014           01-07-2014                      FURTHER EVIDENCE
01-07-2014           18-07-2014                      FURTHER EVIDENCE
18-07-2014           11-08-2014                      FURTHER EVIDENCE
11-08-2014           12-09-2014                      FURTHER EVIDENCE
12-09-2014           24-10-2014                      FURTHER EVIDENCE
24-10-2014           05-11-2014                      FURTHER EVIDENCE
05-11-2014           13-11-2014                      FURTHER EVIDENCE
13-11-2014           26-11-2014                      FURTHER EVIDENCE
26-11-2014           19-12-2014                      FURTHER EVIDENCE
19-12-2014           26-12-2014                      FURTHER EVIDENCE
26-12-2014           05-01-2015                      FURTHER EVIDENCE
05-01-2015           13-01-2015                      FURTHER EVIDENCE
13-01-2015           28-01-2015                      FURTHER EVIDENCE
28-01-2015           11-02-2015                      FURTHER EVIDENCE
11-02-2015           19-02-2015                      FURTHER EVIDENCE
19-02-2015           04-03-2015                      FURTHER EVIDENCE

1.  You dont seem to using your logic.  Look at how many times you have roamed to the court.

You need to exercise logic here.  Its not about 600 km journey but journey of life itself.

She wants to teach you a lesson.  And you dont seem to be learning at all.

She has already taught you a lesson, but your are faking it by saying that court will one day give ruling in your favor.

Forget 60 days blah blah blah of court timings.


2.  Either re-concile with wife and join her. OR go for out of court settlement by paying her one time lumpsum alimony and get rid of all the cases.

3.  This all I tell by years of experience.  In matrimonial matters be it divorce, alimony, dowry, domestic violence one wont get justice.  One will in the name of justice will just LOSE TIME.  Some day her  IA application will be decided upon, but once decided that you need to pay her XYC amount per month, you will have to pay from date of application ie 15-07-2013 till date.

4.  So do your math.  After IA is decided, and one day after you get divorce, still you will have to pay her alimony until she remarries, so do your math, do your calculations... EG:  Number of years you will survive, number of years she might survive, your income, your patience. 

5.  I suggest you go for MCD instead of roaming 600 kms each date as if its some kind of religious activity and get rid of headache wife.

Upendra (Lecturer)     21 February 2015

Yes I have thought of that, and I would have paid her if it was within my capacity to pay. She is unreasonably demanding 50 lacks and she is not steping down even when I tried to mediate through my lawyer. That is some thing I cannot even dream of earning even if continue earning for rest of my life. So paying her off is not an option available for me. And as of joining back I have offered multiple times in various lok adalats and she has refused. So this is also not an option available to me.

Adv. Chandrasekhar (Advocate)     21 February 2015

You have succinctly put your case.  Approach the High Court under Section 482 cr. p.c. for speedy trial and get an order that the case has to be completed within six months.  It is quite possible. 

1 Like

Upendra (Lecturer)     21 February 2015

Thank you chandrasekar sir, I will discuss it with my lawyer. Yet is the judge allowed by law to provide so many adjournment s. Is thers any clause that puts a upperlimit to the number of adjournment s that can be given.

alwin (lawyer)     22 February 2015

Hi there as I can understand your mental condition after 18 adjournments plz my candid suggestion is to move to the hnble high court under article 227 to get speedy disposal of the case the high court does have the supervisoryvpower to direct the courts and tribunals .

alwin (lawyer)     22 February 2015

Hi there as I can understand your mental condition after 18 adjournments plz my candid suggestion is to move to the hnble high court under article 227 to get speedy disposal of the case the high court does have the supervisoryvpower to direct the courts and tribunals .

alwin (lawyer)     22 February 2015

Hi there as I can understand your mental condition after 18 adjournments plz my candid suggestion is to move to the hnble high court under article 227 to get speedy disposal of the case the high court does have the supervisoryvpower to direct the courts and tribunals .

Upendra (Lecturer)     23 February 2015

thank you Alwin sirji


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