Legal Question in Family Law in India

Divorce in India - Delhi District Court

I had applied for divorce in family court for mutual consent divorcee in year 2011 and since then she not turned up in court and ADJ accepted my application of divorcee on Ex party Ground when I gone to court for hearing ADJ family court said my case has been transferred to Principal Judge in another family court after Long argument and submitted document Principal judge granted me EX party divorcee and asked me to submit evidence in month of June to get Divorcee decree paper formality, which I submitted in June hearing and I thought I will get very near date for final argument but judge gave me September date for argument I request lots to Principal Judge and he refused to listen my request and said he has more than 35oo cases and when I was present for final argument last month in court Principal Judge transfer my case to another Principal Judge in another family court . Again in this family court Principal Judge gave me next year February date for argument we request lots to Judge he refused and said he has more than 3500 cases .Now I am so much upset with this kind of judgment and court proceeding . My family members and me mentally and financially disturbed.

Please guide me how I can get the early Judgment.

Regards


Asked on 10/05/14, 4:13 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Client

Firstly, I think you are confused. Court can't proceed ex parte u/s 13B. Under the section, if any of the parties does not appear within one and half years, the case is automatically gets dismissed. The procedure you are mentioning is of a contested divorce. Now in that, an application can be moved for early hearing or a direction can be sought from High Court. I have to see your case. I don't think, it should have taken that much of time.

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Answered on 10/07/14, 10:31 pm


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