You will have to file the case in the lower court i.e. the family court. further, if she doesn't want to come with you then it would be better that you separate by mutual divorce. Contested divorce takes years to dispose off.
Matrimonial dispute
Sir as per ur advce i filed case of habeous in hc bt they didnt came on frst date either nt recved summon or wtever. Nw dasti was issued whch was recved by thm. Wt if they dnt come onsecond date or her father come alone nt along her or if she says she dnt want to come with me untl i seprte frm my prnts. Can i File cruelty case against her drctly then in Hc or have to File it frst in lower court
Asked 9 years ago in Family Law
Religion: Sikh
7 Answers
1) you have to serve copy of habeas corpus petition filed in HC to your wife and father in law . furnish proof that they have been served .
2) your advocate should file affidavit of service .
3) wait for your wife response to your petition .
4) if wife refuses to stay with you file for divorce by mutual consent .
5) contested divorce cases take 5 years to be disposed of
1. If dasti has been ordered then place on record at the next hearing the proof of dasti being complete.Only then the HC would proceed further with the case as every party has to be given an opportunity of being heard in the court.
2. If your wife comes to the court and states that she does not want to live with you then your case will be dismissed by the court, in which event you can file for mutual divorce, or file unilaterally for divorce on the ground of cruelty.
3. I hope you have taken all the valid legal grounds in your case pending in the High Court.
1. Once you have filed the writ petition , do proceed with the same.
2. if the opposite party do not appear in the court, the court would take adverse presumption and in continuing defiance to attend the court, the court can direct Police to bring him/her in court.
3. Divorce on the ground of cruelty lies in lower court only.
Dear Querist
You have to file the case before family court where the jurisdiction is lies And not before HC.
1. If they refuse to come to the High Court, it may direct the police to bring them and present before the Court,
2. If your wife gives statement before the High Court that she won't come with you then it can be considered as a ground for cruelty,,
3. Yiu shall have to file divorce suit at the lower court.
through habeas corpus writ a husband can't regain his wife Md. Ikram hussain vs state of u.p. (supreme court). you should file an application before DM under section 97 Cr.p.c. for regain of your wife. approach to family court because it is the competent court for family matters. and you'll get adequate relief from here. if opposite parties are not appear then you can get ex-parte order.
