Legal Question in Family Law in India

time limit for divorce, custody of child

It is almost 2 years since I have filed for divorce, 1 yr for Guardianship of my child, 18 months since my wife filed for maintaence under 125, 15 months since my wife filed for intrerim maintaence as an IA on my divorce...My wife and her lawyers for the past 10 hearings have been asking for adjournments instead of filing the Proof of affidavit... I had represented the delay to the concerned family court judge twice but yet he keeps on giving chance to them for adjournments.....What is the remedy for finishing the case fast as each time I have visit my wife place which is 700 kms from my place for apperance in the court.?can I ask for non appearance also?


Asked on 12/21/08, 2:49 pm

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: time limit for divorce, custody of child

You may need not to cause personal appearance in the case if you are being represented by a lawyer.

Instead of waiting for your wife to file affidavit of proof of your income, you could better disclose your income honestly and volunteer a reasonable amount of maintenance. This could have possibly avoided adjournments.

Now since you have already faced the litigation for the last two years, it may still not be too late for you to realize the importance of an out of court settlement. For the sake of your own family - your wife and your child - you may consider a little mellow down and make efforts for a mutual settlement of all pending disputes. You may also consider chances of reunion with your wife with the help of family elders/friends.

The litigation will be expensive, time consuming and tiring with uncertain results. Please give a serious thought to settle things out of court.

Read more
Answered on 12/21/08, 7:29 pm
Rohan Nahar Nahar and associates

Re: time limit for divorce, custody of child

Sir,

You dont need to visit the Family courts regularly. If you have filed for divorce, it will be for you to draw the issues and file an evidence affidavit. If your wife is a housewife, then it will be advisble to file a transfer petition before the High Court or the Supreme Court to transfer the matter to your home town. That will create some pressure on your wife. You may have to give her travel expenses.

Read more
Answered on 12/21/08, 11:54 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: time limit for divorce, custody of child

Hello.

There is no need to visit the Courts on a regular basis.

If your wife is a housewife then file a transfer petition of court to your local jurisdiction where you stay.

You have to pay for your wifes travel expenses.

Read more
Answered on 12/22/08, 3:51 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: time limit for divorce, custody of child

In civil case i.e.in your divorce and custody case your regular appearance is not necessary,in 125 case you may file a petition under sec.205 for condonation of your personal appearance.However,in my opinion you may request the court to take the matter speedly by saying your grivance,if the court refused to take the matter you may go to the higher court for proper direction.

Read more
Answered on 12/22/08, 10:12 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: time limit for divorce, custody of child

In civil case i.e.in your divorce and custody case your regular appearance is not necessary,in 125 case you may file a petition under sec.205 for condonation of your personal appearance.However,in my opinion you may request the court to take the matter speedly by saying your grivance,if the court refused to take the matter you may go to the higher court for proper direction.

Read more
Answered on 12/22/08, 10:12 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India