Legal Question in Family Law in India
my wife filed first appeal in high court on 23 May 2012 against the divorce decree granted to me by trial court on the basis of cruelty committed by wife upon me u/s 13 (1)(1a) of HMA. on her first appeal petition, after listing of main case high court issued notice of motion/appeal to me and i appeared in high court upon notice on first date itself i.e. on 28 June 2012. before date of notice to appear, i filed civil miscellaneous application before high court requesting them for early disposal of first appeal u/s 21 B(3) OF HMA alongwith indian soldiers litigation act for expeditious disposal of appeal. ON THE FIRST DATE OF APPEARANCE IN HIGH COURT, JUDGE TOOK UP MY CM ALONGWITH MAIN CASE OF FIRST APPEAL AND HAS FIXED THE NEXT DATE FOR ARGUMENTS IN FIRST APPEAL DIVORCE MAIN CASE ON 30 AUGUST 2012 AND HAS PASSED AN ORDER FOR SUMMONING OF LOWER COURT RECORD IN MEANTIME.now my question is
i. whether judge will decide the first appeal on the date of arguments on 30 Aug 2012 and dispose off the appeal on that date of arguments.
ii. secondly, whether first appeal filed by wife has been admitted or not till date since judge passed an order on my CM stating that since the main case has been fixed for arguments on 30 Aug 2012, hence CM is disposed off.
iii. thirdly, now since my case is fixed for arguments on first appeal, within how much time can I expect divorce first appeal to wind up.
2 Answers from Attorneys
the judge will decide the application first before deciding the main appeal. the appeal by wife is not admitted as yet. thirdly, no time limit can be predicted.
i agree with Adv Gupta
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