Hello,

I understand the problem you are facing maam. However, you can definitely file case of divorce against him and then can just go to the court on the required dates.

Regards

File an application for cancellation of the bail and thereafter file a case of divorce on the ground of cruelity and dissertion.

You will then have to attend the court on the fixed dates and apart from that you may concentrate on your career.

Regards

1)if content for mutual divorce is with drawn petition would be dismissed

2) you should file fresh petition for divorce on grounds of mental cruelty

3) contested divorce proceedings take 5 years to be disposed

Only after your marriage has been dissolved can you remarry

2) your spouse can file appeal against orders passed by court dissolving marriage

Dear Madam

If we really excise our constitutional rights by approaching the High Court then Domestic Violence Case has to disposed within Six 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:

12. Application to Magistrate.—

1. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

2. The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:

Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.

3. Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

4. The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

5. The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.

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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..

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Law deadline 60 days, cases stretch for years

AHMEDABAD: A resident of Shahpur , Shabanabanu Shaikh , filed a case in January 2009 under the Protection of Women from Domestic Violence Act, 2005, against her husband Mushtaq Shaikh . The protection officer submitted the 'domestic incident report' within two weeks.

The court concerned began proceedings — which the law stipulates must be concluded in 60 days — but has not yet taken any decision on her application for maintenance. The next hearing is scheduled for November 26.

The case of Bapunagar's Farzana Saiyed is no different. She too had filed in 2009 an application for maintenance against her husband and for shelter at her in-laws' house. Five years later, she is a widow and her case is still pending.

Most of the cases filed under the domestic violence law follow this grim pattern. It is the section 12 of the Domestic Violence Act which lays down the proviso that a magistrate will endeavor to dispose of every application within 60 days from the date of the first hearing. But that deadline is seldom maintained.

In fact, Dinesh Sharma, an advocate, says: "There is not a single instance of a domestic violence case, in my knowledge, that was completed within two months in city courts, unless the quarreling parties reached a compromise." Sharma says the format to be adopted by courts for these cases comes from the Criminal Procedure Code. "And criminal lawyers know ways to defer such proceedings," he says.

Another advocate, Imtiyaz Pathan, says that courts deal with DV cases in the same manner as they would handle other criminal cases. "There are some magistrates who give adjournments of more than three months in proceedings," he says.

The delay in court proceedings is the result of grave deficiencies in human and infrastructural resources to deal with women's complaints of domestic violence. Kashmira Kapadia is the only protection officer in Ahmedabad district, which receives more than 1,000 complaints every year. "Ideally there should be six protection officers in this district to expedite the processing of domestic violence complaints," she says.

Earlier, based on a TOI report, the Gujarat high court had taken suo motu cognizance of the issue and had ordered the state government, on February 22 last year, to fill vacancies and create infrastructure in protection officers' offices across the state. The vacancies are yet to be filled.

Times View

The Domestic Violence law makes it incumbent on magistrates to settle a case in 60 days. The reality is that often adjournments of two months are won by defence lawyers. This is a travesty of the law, especially since it lays down a deadline unambiguously. The law was created to offer speedy redress. So domestic violence cases should not be treated like any other litigation.

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High Court wants divorce cases disposed of in 6 months

Directs trial courts to ensure speedier granting of alimony and maintenance to the ‘weaker spouse’.

Taking note of the undue delay in granting maintenance and alimony in divorce cases under the Hindu Marriage Act, the Delhi High Court has directed the lower courts to ensure that the trial in the matrimonial dispute cases be completed within six months as prescribed by the Act.

“No standard uniform practice and procedure is followed by the courts,” noted the court of Justice JR Midha, adding that in most cases, the provisions for interim maintenance and permanent alimony under Section 24 and 25 of the Hindu Marriage Act were not being utilised.

“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.

“This is matter of serious concern. It was certainly not the intention of the law that parties to a dissolved marriage suffer further misery of starvation in the absence of grant of alimony,” the court said.

Observing that most people resorted to “parallel proceedings” under the better known maintenance provisions under Section 125 of the Criminal Procedure code, the court noted that parallel proceedings took more time and deprived the weaker spouse of maintenance.

The maintenance provisions under the Hindu Marriage Act apply to both spouses, meaning that the husband can also claim maintenance from wife at the time of divorce in case it is proved that he does not have sufficient income or assets.The directions have been issue after the court decided to hear nine separate pleas for maintenance filed by women whose husbands had filed for divorce.

The court noted that the disposal of cases had taken a long time, with the oldest of the nine cases dating back to 1996.

The court in its order has now directed that the spouse who files for divorce is required to file his or her affidavits with details of income, assets and expenditure, as required by Section 24 of the Hindu Marriage Act, at the same time as the divorce plea, if they want to claim maintenance.

The respondent party should also file their affidavits within 30 days of the notice being issued, the court said.

Further, in order to protect the spouse who is the respondent in divorce proceedings, and is usually the party which claims maintenance, the court has said lower courts could consider directing the petitioner to deposit money to be paid to the respondent as litigation expenses.

The court has also prescribed that the affidavit and counter affidavit on income must be filed within six weeks of notice being issued on a divorce petition.

“If the disposal of maintenance application is taking time, and the delay is causing hardship, some ad interim maintenance should be granted to the claimant spouse,” the court said.

The court also said the time-table prescribed should be followed for all cases of maintenance under the Hindu Marriage Act, Domestic Violence Act, Hindu Adoption and Maintenance Act as well as pleas under Section 125 CrPC.

The district courts have also been asked to file a report on the implementation of the time-table and on whether the suggestions have curbed the delay in matrimonial cases.

Scope of section 13A

Under s. 13A the court can grant a decree for judicial separation though the petitioner asked for a decree of divorce.9 This is an alternative relief as provided in s. 13A of the Act. Section 13A commences with the words "alternative relief in divorce proceedings" and provides power to the court in a petition for divorce, if it considers just so to do, taking into consideration the cir

Under the given circumstances, you may have to follow the divorce properly without any lapse from your side anymore.

Dont relax at this stage, you can ask your advocate to pressurize the court for conducting the divorce case expeditiously since the mediation failed, the mutual consent divorce failed and it is just a waste of time to continue the dead marriage.

Since they are not cooperating you dont withdraw the criminal cases filed against them, let them also endure the same pain like what you have been experiencing.

What are the provisions under law to proceed with life in this case?

You have to scrupulously follow the divorce case and then try to get the case disposed at the earliest possible.

Hi,

There are several judgments on unilateral withdrawal of consent after first motion. You may proceed under cruelty provisions again.

1. To simplify your query, you have two problems as under;

a) the complaint case running against your husband (is it u/s498A of IPC?) and

b) the MCD case from which your once consenting husband has withdrawn his consent.

2. You shall have to now pursue the complaint case filed by you and

3. File a divorce suit on the ground of cruelty.

1. For further proceeding in your life independently, you shall have to get the matrimonial relationship your have with your husband terminated through Court decree.

2. For the above purpose, you shall have to file a divorce suit on the ground of cruelty as advised in my earlier post.

1. Mere revocation of consent by the spouse in mutual consent divorce petition is not a ground for cancellation of bail unless the bail was granted by the court on the condition that the spouse will not revoke his consent.

2. The only remedy for you now is to file a petition for dissolution of marriage on the ground of cruelty. The unilateral revocation of consent is itself an instance of cruelty.

3. You also have the remedy of filing a DV case under Section 12 of DV Act to seek maintenance and monetary compensation for yourself.