Legal Question in Family Law in India
Dear Sir,
I have filed a appeal in high court in AP against restitution of conjugal rights decree given in lower court. The order was passed on 05-07-2010. My wife did not approach with an EP but she came along with 20 of her relatives to my home so that they leave her at my home with force.
At that time i was not there at home and my mother was alone. We complained in the local police station and they counselled and did not file a complaint.
The case hasnt come to bench yet. It is almost 2 years. The grounds of divorce are :
1) Desertion.
2) she is suffering from Adjustment disorder with depression and i have the psychiatrist proof that she did not take medicines to get rid of this.
3) we have been staying separately since 5 years.
Please clarify on the following:
1) Is there a specific time limit for the case to come on bench or is there a process to expedite its listing.
2) I have a daughter aged 6 years. she is living with her mother.
3) Can I get divorce as almost 2 years are over since the order passed in lower court.
4) My wife is working, so is she is eligible for permanent alimony & maintenance.
Kindly suggest me at the earliest.
2 Answers from Attorneys
Hello,
Please Check with your Advocate as two years is too much of time for any appeal to be listed.
Go to Court and inquiry about case yourself ?
Be sure that you have not missed the court date and there is no ex-parte order.
With Regards
Global Legist
Advocates and Legal Consultants
+91 9873400403
www.globallegist.com
You can go for filing Divorce Petition. But better check with the AP High Court about stage of appeal.
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