Your only remedy is to file petition in HC for expedited hearing and for completion of trial within 6 months or so
2) inform the HC that divorce petition is pending for 10 years
3) also challenge order of interim maintenance of 75 k per month
Expedite divorce case
My wife deserted me and left in 2005,after that she filed for maintainence under section 125 crpc in 2009 and there were many applications on both sides Ultimately leading to filing of divorce case in april 2014 after which she got interim maintenance order under section 24 of hindu marriage act for rs.75000 inspite being an advocate and earning(which she testified also as practising advocate).she has openly declared in court she will use all tactics in court and not give me divorce(for obviouse reason getting good amount alimony which is out of proportion of my income)she filed order 7 11 than twice to stop proceeding for pending alimony etc and now giving list of witnesses and delaying on some or other pretext. I applied under section 21(b) for day to day trial or weekly once while court ordered for fast disposal and giving notice to opponent wife not to delay the case but after that also neither dates are given daily or weekly neither case is expedited judge seems to give all opportunity available to her and I am living with my old parents who are 75 and 71 yrs old myself also reached 47 yrs almost whole life went in this now want to know how to expedite the case? Our gujarat high court is already overloaded and case do not come on board for 6 months so skeptical about going to highcourt
Asked 2 months ago in Family Law
Religion: Hindu
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6 Answers
This is the plight of most of the litigants in India.
As a final measure you can file revision/writ in high court whereby the high court would direct the trial court for speedy trial or expeditious disposal f the case within a time frame.
You can come to the supreme court under article 142 the supreme court may decide your case under its extraordinary powers and grant you a divorce.
Dear Client,
You have already filed an application under Section 21B of the Hindu Marriage Act, which is the right step. Even though you are skeptical about approaching the High Court due to the backlog of cases, a writ petition under Article 227 of the Constitution of India can be filed. A writ petition can be filed for the issuance of a writ of mandamus to direct the lower court to expedite the proceedings. Given your circumstances and the undue delay caused by the respondent, the High Court may take a sympathetic view and direct the lower court to expedite the case. Another choice you have is to file an affidavit in the trial court detailing the hardship caused by the delay, including your age, the health condition of your parents, and the undue financial burden due to the interim maintenance. This can sometimes persuade the judge to take more immediate action to expedite the proceedings. If there has been an order for speedy disposal and it is not being adhered to, you might consider filing a contempt petition. This step can be taken to enforce compliance with the court's order for expeditious disposal of the case. In exceptional cases where the judge is seen as biased or overly lenient towards the respondent, you can apply for a transfer of the case to another court. However, this is a rare remedy and is generally allowed under very compelling circumstances. It is advisable to consult with your advocate before taking any of these aforementioned steps. Should you require any further clarification, please do not hesitate to contact us.
In the given situation if you are really serious about expediting the trial of the divorce case, you have to approach high court alone for remedy.
The trial courts will go by the procedures of law alone and its burden also will be taken into consideration hence you cannot expect an early disposal of case by trial court, however it is unlikely that the court is supporting her just because she is an advocate.
- Under Section 125 of the Criminal Procedure Code , Section 125(4) states that "No wife shall be entitled to receive an allowance from her husband , if she is living in Adultery or if without any sufficient reasons she refuses to live with her husband , or if they are living separately by mutual consent".
- Hence, if she is not living with you since 2005 then she is not entitled to get maintenance from you
- Further, if she is an advocate then she is also not entitled to get maintenance , if her income is sufficient for her maintenance.
- Further, if you have burden of maintenance of your parents , then the maintenance amount can be decreased on this ground.
- Further, the desertion is also a good ground for divorce , if the separation is more than 2 years.
