• How to get expeditious disposal of divorce case pending in HC

My contested divorce case has been filed by me in 2018 had been decided in my favour on ground of cruelty and long separation in district court in 2020, further first appeal filed by by wife in HC, in which once his petition got rejected on non appearance in 2024 and the same is now restored. 

Another case of CRPC 125 filed in 2016 was decided against me in 2020 in same district court has been appealed in HC by me.

I am seeking answers for:-

1- Is there any procedure or law or other way to get expeditious disposal in divorce case.
2- Is there any possibility to get decided both the cases in one court means with hearing of divorce.
Asked 26 days ago in Family Law
Religion: Hindu

6 answers received in 30 minutes.

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15 Answers

  1. Appeals are listed before High Court as per order of seniority of filing. Court will not hear an appeal out to turn unless there is valid reason.
  2. Appeal against divorce is civil matter, appeal against order in 125 Criminal Procedure Code, 1973 is criminal matter. Both portfolio are different, will be hard by different benches.
  3. There should be valid reason for expeditious disposal, only than High Court will order speedy trial.
  4. Same ground of valid reason applies in SC.
  5. If wife agrees, you can go for MCD, compromising all criminal and civil disputes.

Ravi Shinde
Advocate, Hyderabad
4425 Answers
42 Consultations

You can reuse HC for expedited hearing of appeal 

 

you have to make out a case for expedited hearing as thousands of appeals are pending in HC 

Ajay Sethi
Advocate, Mumbai
97517 Answers
7883 Consultations

 

You can request for expedited hearing of 498 A case 

Ajay Sethi
Advocate, Mumbai
97517 Answers
7883 Consultations

1. You can approach the High Court for directing the trial Court to finalize the case within a time frame fixed by the High Court. 

2. Yes, you can move an application before the family Court where the divorce petition trial is going on for transferring/clubbing the case to the Court where the 125 is going on. 

- You can file a separate joint petition for divorce on mutual consent for getting mutual divorce , after withdrawing the filed cases by both the parties. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

Approach HC wherein appeal of divorce case  and 125 cr pc case is pending 

Ajay Sethi
Advocate, Mumbai
97517 Answers
7883 Consultations

File consent terms in HC on account of compromise arrived at between the parties 

Ajay Sethi
Advocate, Mumbai
97517 Answers
7883 Consultations

Dear Client,

If you want expeditious disposal of your divorce appeal pending in the High Court, you can file an application for early hearing citing undue delay, prolonged litigation since 2018, and hardship caused due to the delay. Courts have a discretion to expedite cases under relevant High Court rules or under Article 227 of the Constitution. This plea of simultaneously being heard on your appeal related to divorce and CRPC 125 appeal, could you file an application saying club both matters for hearing before the court arguing both interrelated matters which benefit at time consolidated hearings. For your matter since 2016 in relation with case filed under 498A you can approach the HC Section 482 CrPC ( Now 582 in BNSS)  praying for directions to hear in a time-bound fashion bringing to the notice that there is long pendency. If your wife agrees to mutual consent in family disputes, you both must jointly file a petition under Section 13B of the Hindu Marriage Act, 1955, supported by affidavits, detailing the terms of settlement, which the court will consider for granting a mutual consent divorce. Let me know if you need further guidance or legal representation.

Anik Miu
Advocate, Bangalore
10392 Answers
121 Consultations

To address your queries:

  1. Expeditious Disposal in Divorce Case:

    • While there is no specific law for expeditious disposal, you can request the court to prioritize your case. You may file a petition for early hearing citing reasons like pending appeals, prolonged legal proceedings, or financial hardship. The court may consider your request based on the facts of the case.
    • Another option is to approach the High Court (HC) for a direction to expedite the disposal, especially if the case has been pending for a long period.

  2. Consolidating Divorce and CRPC 125 Cases:

    • Typically, a divorce and maintenance case (CRPC 125) are heard separately since they deal with different aspects. However, in some circumstances, such as long separation and the intertwined nature of the disputes, you could request the court to consider both cases together. It would be at the discretion of the judge, depending on the specifics of the cases.

  3. Expeditious Disposal of 498-A Case:

    • For the 498-A case, you can also file a petition for expeditious disposal in the High Court, stating the undue delay and the need for a speedy resolution. The HC may issue directions to the lower court to prioritize the case.

  4. Expeditious Disposal Direction from the Supreme Court:

    • To seek an expeditious disposal order from the Supreme Court regarding your appeal, you would typically file a petition for early hearing of the appeal. The Court may grant priority based on the urgency or merits of the case, though it is generally more common in matters of urgent public interest or constitutional importance.

  5. Mutual Consent Divorce:

    • If your wife agrees to a mutual consent divorce, the legal formalities include:


      • Filing a joint petition under Section 13B of the Hindu Marriage Act, 1955.
      • A six-month waiting period (unless waived by the court), during which the parties are required to reconsider their decision.
      • Once the court is satisfied, it will grant the divorce order.
      • A settlement agreement can be signed to resolve financial issues and child custody if applicable.

In all cases, it is advisable to consult a lawyer who can file appropriate petitions in court and ensure that your interests are well-represented.
Thanks And Regards 
Advocate Aman Verma 
Legal Corridor

Aman Verma
Advocate, Delhi
227 Answers

1. The appeal against the divorce case has been filed by her, which was restored by setting aside the exparte order, however it will be brought under regular listing soon or your advocate can approach the registrar to bring the same in the next or earliest list.  

2. The appeal filed by you is against the maintenance case  which is tried under criminal law unlike the divorce appeal which comes under civil law. Both the cases may not be listed together in the same court and both the cases will be listed separately only.

T Kalaiselvan
Advocate, Vellore
87719 Answers
2356 Consultations

You can file a petition under section 482 cr.p.c. before high court seeking directions to trial court to dispose the same expeditiously.

T Kalaiselvan
Advocate, Vellore
87719 Answers
2356 Consultations

You cannot bypass the high court and approach supreme court for any reason, the supreme court will not entertain any such application seeking direction to high court to dispose the appeals expeditiously. 

T Kalaiselvan
Advocate, Vellore
87719 Answers
2356 Consultations

If she agrees for mutual consent divorce then she has to make an application before the high court in this connection seeking to convert her appeal into mutual consent divorce and request high court to remand the divorce case to trial court with direction to permit the parties to file application to convert the contested divorce to mutual consent divorce accordingly by which the family court may be approached for further issues to get the case disposed accordinlgy as per law. . 

T Kalaiselvan
Advocate, Vellore
87719 Answers
2356 Consultations

It needs to be disposed off for which urgent listing should be prayed

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

1. Expeditious Disposal of Divorce Case Pending in High Court


  • Filing an Application for Expedited Hearing: You can file an application for early hearing under the High Court rules citing:

    • Long pendency of the case.
    • The impact on your personal life due to the delay.
    • Previous delays caused by non-appearance and restoration.


  • Citing Supreme Court Guidelines: Refer to the Supreme Court’s direction in Hussain and Anr. v. Union of India (2017), emphasizing timely disposal of family matters.

  • Request for Mediation: Courts prioritize settlement in matrimonial disputes. Requesting mediation can also expedite the case.

2. Hearing Both Cases in One Court


  • Transfer Petition: File a transfer application under Section 24 of the CPC in the High Court to consolidate both cases (divorce appeal and CrPC 125 appeal) for disposal by the same bench.
  • Consolidation is possible if both cases are interrelated and involve common facts.

3. Expeditious Disposal of 498A Case


  • File a Petition in the High Court: Under Section 482 of the CrPC, you can request the High Court to:

    • Quash the case if it is frivolous or lacks evidence.
    • Direct the lower court to expedite the trial if it has been unduly delayed.


  • Supreme Court Directions: Refer to the Supreme Court’s guidelines in Rajesh Sharma v. State of UP (2017), emphasizing timely disposal of matrimonial cases under Section 498A.

4. Approach Supreme Court for Expeditious Disposal

  • File a Special Leave Petition (SLP) in the Supreme Court under Article 136 of the Constitution to seek directions for time-bound disposal of the divorce appeal.

5. Compromise Through Mutual Consent

  • Both parties must file a joint petition for mutual consent divorce under Section 13B of the Hindu Marriage Act.
  • Withdraw other pending cases (divorce appeal, CrPC 125, 498A) through:

    • Filing a compromise petition.
    • Recording the settlement terms in the court.

  • Draft and sign a settlement agreement covering maintenance, child custody, and property matters to avoid future disputes.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
527 Answers
1 Consultation

Very simple, please approach me or any other counsel and instruct him to get the case disposed of notwithstanding the result. I'm sure your case will be decided very soon as it deserves to be disposed of expeditiously.

Raj Kumar Mishra
Advocate, Allahabad
179 Answers
2 Consultations

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