• Divorce

I filed my mutual divorce in 2009, but my husband withdrew it and hence i filed a contested divorce in september 2010, since then my case is pending. after my cross examination he has appealed in guwahati high court for stay and till now my case is pending. my life and my son’s life who is 13 year old is getting spoilt.
please help me!
Asked 8 years ago in Family Law
Religion: Sikh

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16 Answers

Hello,

Has any stay order been passed by the High Court?

If yes then appear before the HC for getting the stay order quashed OR otherwise appear before the HC and ask the court to expedite the process.

It has been delayed, the court will come to your rescue

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

apply for expedited before HC mention that appeal is pending in HC for 7 years

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

What appeal has he filed in guwahati court ? Is it an appeal for any application he has moved ? As once Cross Examination is over, that means, parties have lead their evidence and closed evidence. Then the matter is pending for final arguments and appropriate orders to be passed further. Please give more facts related to this.

Yugal Anjana Bhatia
Advocate, Mumbai
47 Answers

Hi

File for expeditious proceedings in court mentioning the fact that this delay is causing harm to your future aspects.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Client,

File writ in High court to direct family court for disposal of case in time bound manner, within six months.

Find competent lawyer both for high court and lower court.

Delays also causes for incompetency of lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You have to see on what grounds he has filed the stay in high court? Whether stay granted? If the stay in not granted then you can proceed in lower court and case can't be pending.

Prashant Nayak
Advocate, Mumbai
34591 Answers
249 Consultations

Get the stay vacated. You can appear in person and plead the circumstances which will convince the judge to grant you the relief. Abnormal delay is not permitted in any case, especially the family cases. So, don't waste time and you appear in person and plead.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Respected mam ...

First of all hire a good lawyer who know the law and who can contest your case strongly You have more remedy then your husband. Even you can ask share in property and tell me more about your pending divorce case then I will guide your properly.

If your husband is not present in court then your divorce case run by ex party and you and your son can ask maintenance against your father in law....

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

It takes time to get a contested divorce decided. Ask for maintenance as well.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

Dear Sir/Madam

If we really excise our constitutional rights by approaching the High Court then Domestic Violence Case has to disposed within Sixty months, I am not lying the reality is in the following provision at fag end, please file WP in HC and get order of Mandamus against the Magistrate, accordingly:

In case of Divorce also Six month outer limit is provided under law:

“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.

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It is in the hands of LITIGANTS how early they wish to conclude, it may be a request or by approaching the High Court ......For your kind information the relevant news its are below. Hope you will appreciate this information and award me fifth rank..

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Section 5(i) of the Hindu Marriage Act, 1955 prohibits marriage of a Hindu whose wife/spouse is still living.

It doesn't matter whether the wife has consented or not, until and unless your husband divorce you , you will continue to be the lawful wife , and if, he marry with a new woman , he will be held liable for Bigamy punishable under section 494 & 495 of The Indian Penal Code of 1860.

You can approach the Court , for not only under Bigamy Act, but also you have right to file a case under DV Act and also can approach CWC for yours relief and if, your husband not cooperate , then he will have to face case for cruelty as well.

Out of this, you can file a case for the maintenance for yourself and for your child.

So, no need to take tension , just start from CWC of your area, they will try to reconcile the matter in dispute and there is not any law of the land that snatched the right from you being a wife.

Good Luck, Dont forget to Rating

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

Contested divorce suit takes time to end. hence there is no other option but to wait for it.

Howeevr there is inordinate delay in trial you can apply beofre the high court for expeditious disposal of the case.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1. What relief has he sought in the case filed in the High Court? The petition filed by him in the HC has to be perused to advise.

2. Since there is inordinate delay in the disposal of your case you may file a petition in the High Court to seek a speedy hearing and disposal of your case in a time bound manner. This is the only remedy available to you.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can file a petition before high court seeking to vacate the stay.

You can mention in the affidavit the plight what you suffered so long due to this inordinate delay in taking a decision.

You can discuss with your lawyer and proceed as per the advise received.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

Approach the High Court and move an application for vacation of stay and for final disposal of the case which has been pending in the Guwahati High Court.

As long as the High Court stay is in operation, the Family Court cannot proceed to despite your divorce. Hence, it is important that your High Court is decided finally asap.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi, you need to get the stay vacated by filing appropriate application.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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