You can request the high court for expedited hearing but there are lakhs of pending cases so your chances are bleak
Divorce decree granted and now opposite went to appeal in high court of Karnataka
Myself Gurudev, After almost 9 years I got contested divorce decree from family court in bangalore based on cruelty grounds and she had filed 498A against 10 persons which is pending, DV case I won it and DV case filed by her was dismissed, she filed RCR also and that was also dismissed. Now just to spoil my whole time she went to High court of Karnataka and took a stay without any ground at all and now the case is admitted and lawyers are telling that it will take another 5 years for disposal. I have solid ground in this case and her is only allegation. She is trying to extort money now saying that it will take long time and she will be keep on appealing the cases. Almost a year over on appeal. Can I take the shelter of 21B special provisions for speedier disposal of appeal within 3 months ? Please let me know sirs, it’s very very frustrating that no laws are there to check the kinds of play for the misuse of laws. Mens are getting strangled by these kinds of fake cases on them. Kindly help me
Asked 4 months ago in Family Law
Religion: Hindu
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5 Answers
Y take 5 years, you are misguided. When the case list, ask your lawyer to argue. cases taker time only when your advocate will take adjournment and not protest opposite side seeking adjournment.
If the divorce appeal is not listed in the high court then you can submit an application to the registrar to bring the same on an early list for the reason that the divorce case itself took almost 9 years for disposal and now this is more than a year etc. as the reason for an early listing.
- Yes, you can take the shelter of 21B special provisions for speedier disposal of appeal within the short period on the ground of delay of 9 years for the completion of the trial.
- However, this section generally apply in the case of trial of a case , and hence the type period will be depend upon the burden of the High Court.
- Further, you can also move an application for urgent hearing before the registrar of the high court.
Dear Client,
Under Section 21B of the Family Courts Act, 1984 you may approach the court praying to effect an appeal with in three months provided that your grounds for the contested divorce are well made and your wife continues to delay the proceedings. Record all the instances where she tries to delay the process, which would make your argument for expediting proceedings stronger. If she is uncooperative or is threating to use the legal process to try and gain more money out of you, you may consider it for filing a petition for contempt of court. Although it may at times be annoying to address what one considers misuse of the laws, the legal systems offers remedies. Contact a family law attorney who can help you in filing the petition and coming up with strategies on how to handle your case.
Hope you find this answer satisfactory.
