Dowry case - chargesheet not filed
My sister has lodged a complaint against her husband & her in laws for dowry and domestic violence in sept 2013 . chargesheet is submitted in court but CO endorsement is still pending .hence no action has been taken against them .Only we are the sufferer in this case .kindly suggest to increase the speed of proceeding in case .
Asked 3 years ago in Family Law from Lucknow, Uttar Pradesh
1) 498A cases take years to b e disposed of .
2) average time taken is between 5 to 10 years for disposal of the case .
3) the reason being courts are over burdened with cases .
4) you can request court for short dates
5) in domestic violence cases interim application for maintenance take year to be disposed of .
6) domestic violence cases take 5 years to be disposed of
1. You may draw the attention of the court to inaction by filing a separate petition. The court can on its own motion or on your petition decide to proceed further.
2. If the lower court does not accept your request then you can move to the High Court.
You could approach the high court for a direction to dispose the matter expediously.
File an application for speedy disposal of the case. If it is rejected by the lower court, it is advisable to approach the high court seeking a writ directing the lower court to dispose the case expeditiously.
we have also file the divorce case with alimony .but that case is also not going anywhere ..is there any way to get divoce quick with alimony so i may resettle my sister .??
Asked 3 years ago
immediately file an application before court where the complaint is pending and ask about the status of the case, the police is bound to informed you about the status of the case, if police stated that the charge sheet has been submitted before CO office then the court may direct the police to submitted before the Court ASAP.
In divorce case immediately file an application u/s 21B of Hindu Marriage Act and pray for speedy trial as per this section the petition should be decide within six months.
Advocate, New Delhi
1) divorce by mutual consent takes 6 months . contested divorce cases take 5 years to be disposed of
2) convert existing divorce petition into divorce by mutual consent by arriving at settlement with your brother in law
To speed up the divorce case you may approach the High Court.
There is no other way. you would have to either make a request befre the same judge for expeditious hearing or get relief from the high court as mentioned in earlier reply. However if the husband is agreeable for the mutual consent divorce, then it would be more fast and you can decide the terms and conditions of the divorce in the agreement between your sister and her husband.
Hi, you have to file an application before the court to expedite the matter on date to day basis and if the application allowed then well and god and if the application is dismissed then you have to file a Writ Petition for direction to expedite the matter.
1. Pray before the court for giving direction for CO endorsement,
2. You can also file a petition before the High Court praying for a direction upon the lower court to expedite the hearing and dispose the application within a specified period.
1. Your lawyer shall have to be more active to get quicker dates from the Court,
2. File an application before the High Court praying for a direction upon the lower court to expedite hearing the matter and dispose of the petition within a fixed period of time,