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
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22 Answers
Sir 498a case order come in our favor after compromise and domestic violence case hase been withdrawn by her .
Asked 10 years ago
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
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Dear sir i want to know one more thing if anybody file a court case like .domestic volince , 452,or any other case and that case withdrow after compromise or sattelment .can patisner refile that case again in court.?
Asked 10 years ago
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
Advocate, Mumbai
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Dear sir if satalment done and divorce also done then can she refile court case .
Asked 10 years ago
if you are already divorced marriage is dissolved no fresh Dv case can be filed
Advocate, Mumbai
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Sir my wife give the settlement application in the court that she get mony for whole life . she not give any statement
and my lawyer says this case will dismiss on this application, no need her statement in court.
I want to know it is batter on application or we need statment of my wife .
If judge give order on the base only sattelment application it is batter for me?
Asked 10 years ago
Abow matter for the section 125
Asked 10 years ago
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
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Thanks a lot sir for your support..
Asked 10 years ago
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.
Advocate, Jaipur
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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.
Advocate, Jaipur
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Settlement application shall suffice as it is representative of her willingness to withdraw the case. No separate statement is required to be recorded.
Advocate, Jaipur
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Hi, you have no option but you have to wait.
Advocate, Bangalore
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thanks for your appreciation
Advocate, Mumbai
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you do not have any option but just to wait,do not worry every thing will settle down.
Advocate, New Delhi
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Sir actuly we have fear because we cant beleve on her she can change her satatement in court .she can demand more mony .
I want to know more .
1. If once she give wtitten application and give her statement in court so can she withdrow application and change her statement .
2. She give application and statement in court that we cant live togather and divorce must for us ,
498a order come in our faver and domastic voilance satteld also.
In that case i want to know order come in my faver .i want divorce.
Asked 10 years ago
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
Advocate, Mumbai
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do not worry so much ,if she changes her mind then any way you will have to face it
Advocate, New Delhi
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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.
Advocate, Jaipur
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Dear sir.
As i have told my peoblems sattlement done but waiting court order .new Judge not appoint till now in family court please tell me other option . can i change court ?
Can i go high court for order? Or any other option .
All
Asked 10 years ago
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
Advocate, Mumbai
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High Court does not entertain such frivolous cases. Wait for the appointment of new judge and then prosecute the case.
Advocate, Jaipur
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Dear sir,
We have word with distic judge for the same he told new judge will not come soon it may take more then six month or more time ,
We hv talk to DC for the judgement but he not reply proper. Some layer told you cab transfer your case on other distic or state .
Can you pls sugesst pls.
Asked 10 years ago
Sir can we chagne court from civil court to other,court crimenal court.
Asked 10 years ago
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 .
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Advocate, New Delhi
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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.
Advocate, Jaipur
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Dear sir i hv get below order from high court in case of section 13. As family court is vacant.
My advocate from allahabad high court told me gv application to dj with section 21b . sir i want to know its ok.
Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 1402 of 2014
Petitioner :- Vidit Saini
Respondent :- Smt. Suruchi Saini
Counsel for Petitioner :- Jitendra Kumar Shishodia
Hon'ble Suneet Kumar,J.
Heard learned counsel for the plaintiff/petitioner.
The plaintiff/petitioner has approached this Court to expedite the Case No. 07 of 2011, Vidit Saini Versus Smt. Suruchi, filed under Section 13 of the Hindu Marriage Act, pending before the Principal Judge, Family Court, Muzaffarnagar.
The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-
"?.................It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that? on every date of hearing, effective progress takes place in the suit."
In view of the decision in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.
No ground has been made out by the learned counsel for the petitioner to invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.
The writ petition is dismissed.
However, dismissal of this writ petition shall not preclude the petitioner in filing appropriate urgency application before the concerned court which shall consider the said application and pass appropriate orders within a period of three months from the date of receipt of certified copy of this order.
Order Date :- 15.5.2014
kkm
Asked 10 years ago
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 .
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But sir high passes below order n my advocate told me gv this copy to dj wtih 21b application .
However, dismissal of this writ petition shall not preclude the petitioner in filing appropriate urgency application before the concerned court which shall consider the said application and pass appropriate orders within a period of three months from the date of receipt of certified copy of this order.
Asked 10 years ago
if you are so anxious try your luck before HC
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Asked 10 years ago
sir please ignore previous question .
Asked 10 years ago
sir i want to know, next month can we settle our case in lok adalat which is going on next month still section 13 hma (Divorce) and section 125 case is pending
Asked 10 years ago
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 .
Advocate, Mumbai
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Thanks a lot sir you provid me a batter guidence ....
Asked 10 years ago
Sir can i call u and what is the suitable time for the same....
Asked 10 years ago
thanks for your appreciation . you can call me during timings set by administration ie between 7pm to 9pm
Advocate, Mumbai
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