• Court vacant

Dear sir,

i have file a divorce case and all my statement done and my wife statement done but advocate debate done but order not come due to vacant court, from last 45 days Honable judge not in court as judge sir retired and new judge not come till now and we have no idea how much time it will take . 
whati can do in that , can we go high court ? or other option 
this is the compromise we have paid her for the section 125. 
pls suggst
Asked 10 years ago in Civil Law

3 answers received in 2 hours.

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22 Answers

you have no option but to wait patiently for new judge to be appointed . since court is already vacant for 45 days it wont be long before new judge is appointed . . even if you move Hc you wont get orders instantly . better wait for new judge to be appointed

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

your wife can file case again if fresh cause of action arises . in other words if fresh incidents of Dv have arisen your wife can file case of Domestic violence again

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

if you are already divorced marriage is dissolved no fresh Dv case can be filed

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

her settlement application duly signed by her will form part of court record that she has received money in full and final settlement . it should suffice .

you must have engaged a lawyer . go by his advice

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

There is no alternative to waiting for a new judge to be appointed. Approaching the HC will serve no purpose as your case cannot be looked at in isolation. There are other litigants also whose fate hangs in balance due to vacancy in court. Wait for the appointment of new judge. Once new appointment is made it will hardly take a month for the court to pronounce its judgment.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

If a fresh incident of domestic violence occurs then she may file it all over again. However, if divorce is granted then no case can be filed by her.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Settlement application shall suffice as it is representative of her willingness to withdraw the case. No separate statement is required to be recorded.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Hi, you have no option but you have to wait.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

thanks for your appreciation

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

you do not have any option but just to wait,do not worry every thing will settle down.

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

yes your wife can change her mind if she so desires . if she suddenly decides she dosent want divorce and wants to stay with you then she can with draw her application .

you must have engaged a local lawyer to fight your case . go by his advice . chances of your wife going back on her word are bleak for simple reason that Dv case has been settled . you have paid her money in 125 Cr Pc case which she has accepted in full and final settlement .

if you have any doubts take second opinion from local lawyer in your city

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

do not worry so much ,if she changes her mind then any way you will have to face it

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

1. Your wife can certainly recant her statement and state that she intends to live with you as your wife. The court may then allow her to withdraw her earlier statement and prosecute her case in accordance with law.

2. However, what augurs well for you is that 498 has culminated in your favour and DV case has also been settled. It is highly unlikely that she will now withdraw her statement.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

we have already advised you to wait till new judge is appointed . going to HC wont serve any purpose . by the time you file your case and your case is heard till then new judge would be appointed in family court

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

High Court does not entertain such frivolous cases. Wait for the appointment of new judge and then prosecute the case.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

there may be hundreds of such cases pending in the vacant court . if every litigant makes such application it would open a pandora box . there is no urgency in your case . no reason why application for transfer should be granted . you can if you so desire on basis of legal advice make such application .

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

no

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

There is no urgency attached to your case. You have to wait like other litigants. DC has no authority of law to intervene in a matter pending in civil court.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

in the aforesaid case high court refused to intervene . it said it is not proper to give any direction without ascertaining workload of the concerned court . at present most of courts are overburdened with pending cases . as far as your case is concerned court at present is vacant . hence we had advised you to wait till new judge is appointed for said court .

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

if you are so anxious try your luck before HC

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

court has to refer your case to lok adalat with consent of parties . in your case since court is vacant no such directions can be issued .

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

thanks for your appreciation . you can call me during timings set by administration ie between 7pm to 9pm

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

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