Legal Question in Family Law in India

Hi,

I have small clarification regarding divorce issue

After marriage within 2 months,she left the house, then we asked she said, am not adjust to your fmaily like that she said, then again she filled DVC case. For the DVC Case she filled all my family members,for that we went high court applied stay for removing family members expect housband.still cases was in stay until stay removed we can't get any judgement in dvc in lower court(so it's in pending).Again wife filed 498a case to all family members, for this case also we got AB bail this cases was also pending some other lower court. they give time for charge sheet for next hearing.Untill geting heraing above all cases i got time so i couldn't attending the court now am concentrating to my work, now am working in ohter place. all this happends all most 6 months.

Now am planning to filed Divorce cases to my place(not working place).If i can file divorce case i have same questions

1) Can i attend the court continously every hearing time because am in other place getting leave very difficult?

2) Can i get divorce if all above cases are pending?

3) If i can filed divorce case how many days i need to attend the court?

4)If i can filed divoce case can i ask for hearing days on saturdays?

5) Generally how many days it will take to complete to all the process.

Please let me know the clarifiations


Asked on 8/14/09, 10:34 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

A contentious litigation like this may take years. You should make efforts for an amicable out of court settlement on mutually agreeable terms. Even if some terms are unfavourable to you, try to avoid litigation.

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Answered on 8/15/09, 12:41 am

You can file the case where you last reside or where marriage occured or like so.

Further you may get exemption from court not to attend the court on every hearing.

2) you can get the divorce even other cases are pending but it will take a long time and depends upon your counsel how he manage and take the grounds for divorce.

Generaly in mutual divorce 6 months and in other cases it takes years.

Your further clarification is welcome at nominal fee at;

[email protected]

Advocate

M:09814110005

PB. & HRY. HIGH COURT CHANDIGARH (INDIA)

With Regards

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Answered on 8/15/09, 2:28 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

In criminal case you have to attend the court regularly but in civil you need not attend the same except at the time of evidence. You can file the divorce case and it is totally seperated from the others. Generally in case of divorce the time limit is not less than 2 years it may be increase.

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Answered on 8/15/09, 10:49 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

1) Can i attend the court continously every hearing time because am in other place getting leave very difficult?

YOU LAWYER CAN REPRESENT YOU ON EVERY HEARING AS HE WOULD BE HOLDING YOUR VAKALATNAMA. YOU DONT HAVE TO APPEAR IN PERSON ON EVERY HEARING.

2) Can i get divorce if all above cases are pending?

YES, DIVORCE IS A CIVIL REMEDY AND OTHER CASES ARE CRIMINAL IN NATURE. YOU CAN ALSO MAKE THE ABOVE CASES AS ONE OF THE GROUNDS OF CRUELTY INFLICTED UPON YOU.

3) If i can filed divorce case how many days i need to attend the court?

AS MENTIONED ABOVE, YOUR LAWYER CAN REPRESENT YOU.

4)If i can filed divoce case can i ask for hearing days on saturdays?

YES YOU CAN.

5) Generally how many days it will take to complete to all the process.

IT DEPENDS ON THE COURT, YOUR LAWYER AND OPPOSITE LAWYER AS WELL. IN CASE THE COURT IS ACTIVE ENOUGH, THE MATTER CAN BE DISPOSED OFF WITHIN MONTHS.

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Answered on 8/15/09, 1:33 pm


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