• Court vacant

Dear sir,

i have file a divorce case and all my statement done and my wife statement done but advocate debate done but order not come  due to vacant court, from last 45 days Honable judge not in court  as judge sir retired and new judge not come till now and we have no idea how much time it will take . 
whati can do in that , can we go high court ? or other option 
this is the compromise we have paid her for the section 125. 
pls suggst
Asked 2 years ago in Civil Law from Meerut, Uttar Pradesh
you have no option but to wait patiently for new judge to be appointed . since court is already vacant for 45 days it wont  be long  before new judge is appointed . . even if you move Hc you wont get orders instantly . better wait for new  judge to be appointed
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
your wife can file case again if fresh cause of action arises . in other  words if fresh incidents of Dv have arisen your wife can file case of Domestic violence  again
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
if you are already divorced marriage is dissolved no fresh Dv case can be filed
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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her settlement application duly signed by her  will form part of court record that she has received money in full and final settlement . it should suffice .

 you must  have engaged a lawyer . go by his advice
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
There is no alternative to waiting for a new judge to be appointed. Approaching the HC will serve no purpose as your case cannot be looked at in isolation. There are other litigants also whose fate hangs in balance due to vacancy in court. Wait for the appointment of new judge. Once new appointment is made it will hardly take a month for the court to pronounce its judgment.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
If a fresh incident of domestic violence occurs then she may file it all over again. However, if divorce is granted then no case can be filed by her.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Settlement application shall suffice as it is representative of her willingness to withdraw the case. No separate statement is required to be recorded.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Hi, you have no option but you have to wait.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
you do not have any option  but just to wait,do not worry every thing will settle down.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
yes your wife can change her mind if she so desires . if she suddenly decides she dosent want divorce and wants to stay with you then she can with draw her application . 

you must have engaged  a local lawyer to fight your case . go by his advice . chances of your wife going back on her word are bleak for simple reason that Dv case has been settled . you have paid her money in 125 Cr Pc case which she has accepted in full and final settlement . 

if you have any doubts take second opinion from local lawyer in your city
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
do not worry so much ,if she changes her mind then any way you will have to face it
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. Your wife can certainly recant her statement and state that she intends to live with you as your wife. The court may then allow her to withdraw her earlier statement and prosecute her case in accordance with law. 

2. However, what augurs well for you is that 498 has culminated in your favour and DV case has also been settled. It is highly unlikely that she will now withdraw her statement.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
we have already advised you to wait till new judge is appointed . going       to HC wont serve any purpose . by the time you file your case and your case is heard till then new judge would be appointed in family court
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
High Court does not entertain such frivolous cases. Wait for the appointment of new judge and then prosecute the case.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
there may be hundreds of  such cases pending in the vacant court . if every litigant makes such application it would open a pandora box . there is no urgency  in your case . no reason why application for transfer should be granted . you can if you so desire on basis of legal advice make such application .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
no
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
There is no urgency attached to your case. You have to wait like other litigants. DC has no authority of law to intervene in a matter pending in civil court.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
in the aforesaid case high court refused to intervene . it said it is not proper to give any direction without ascertaining workload of the concerned court . at present most of courts are overburdened with pending cases . as far as your case is concerned court at present is vacant . hence we had advised you to wait till new judge is appointed for said court .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
if you are so anxious try your luck before HC
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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court has to refer your case to lok adalat with consent of parties . in your case since court is vacant no such directions can be issued .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
thanks for your appreciation . you can call me during timings set by administration ie between 7pm to 9pm
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0

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