Hello,

yes you can file a case for getting the process expedited. 

Regards

There are thousands of case pending 

no case of urgency is made out 

your case would not be expedited 

Dear Sir,

Except High Court other courts are not working so you have to wait till lock down is lifted.

1. If after filing your suit at the end of 2018 it has reached at evidence stage then this suit is going on at hrisk pacf and hence application for expeditious disposal will not succeed. 

2. Since order of maintenance is already passed you will receive the arrears payment. 

3. So to receive the payments you can file application for attachment of his salary. 

Wait till lifting of lockdown. 

Sir/Madam,

However your urgency and anxiety is normal but it is necessary to understand that due to present pandemic conditions, the courts are not working, but after the things become normal, the speed of work will be automatically fast. You are suggested not to worry much, prepare your evidences, witnesses even without practically visiting them, coordination with your lawyer and also prepare possible cross examination of your opponent, so that you take minimum time in actual working on the case and case goes in right direction without deviations. At present, any application for expedition may not be entertained too.  

in the present circumstances, nothing can be done, however, after settling of the things you can approach the High Court for an expedite proceedings,

As per HMA every effort should be made to dispose of any matrimonial cases within six months of its filing.

So you can sure take legal recourse to timely disposal of the case.

Best recourse is to approach high court seeking a direction to this effect. 

File a writ in High court in this regard.

You should apply for an expeditious disposal of the case. If the order for maintenance has been passed and tge amount has not been deposited then inform the court and then file a contempt application in the high court.

Dear Querist

Immediately after opening the Court, file an application U/s 21B of the Hindu Marriage Act which is as under:-

 21B Special provision relating to trial and disposal of petitions under the Act. —

You can only file expedition for maintenance as court will only entertain urgent cases in corona issue. Divorce case will not be entertained

See at this stage during lockdown there won't be any use of filing any petition as same will not be listed also matter is at evidence stage so evidence at this during lockdown stage cannot be recored. 

Therefore you wait for while once this pandemic is over after same you can file petition and can get direction for same.

instead of expediting your divorce case, you must expedite the execution of the order by which your husband is directed to pay maintenance for your child

you can move the family court itself by filing an execution application, however that would be entertained after the expiry of appeal period for challenging the child maintenance order

In present scenario you cannot file case expedition application, it will not be entertained. 

Only and only urgent matters are being taken that too by video conferencing in many courts.

File after this corona thing is over. 

The ground for Maintenance and Divorce are different even the cause of action is similar.

The spread of a communicable respiratory disease by cause of novel coronavirus has declared a global pandemic; people in most of the countries in this globe have been infected with the virus and reporting new cases every day. In such a case your contention is not sustainable in the eye of law.

After opening the courts it will take the case as per the working arrangements of the officer in court. If need file an advance application on that day for advance the matter .

1) there is no evidence of cash payments made by you . It would be difficult to prove that cash was paid by you

2) you would not get 50 per cent rentals as officially only 20 per cent has been paid by you 

3) you would only be granted reliefs prayed for . If you have not sought reliefs of maintenance , school fees you would not be granted unless you amend the petition 

1. You can only claim for monthly maintenance which is to be expended for your survival and decent living and hence to claim this you need not mention the area where this maintenance is going to be used.

2. Yes

3. In the DV case you can ask for full rent of you are so eligible.

Wife has no share in the property of husband The child has though such share in respect of his ancestral property only.

There is no use of filing a petition before high couirt seeking expeditious trial of the divorce case.

Now no petition will be entertained.

The court may direct the trial court at a later date when the lock down is completely lifted, but there wont be any use of it because the delay has already taken place.

1.  In divorce case proceedings you cannot make any claim for all such payments.

You may have to file a separate case demanding payment of all such expenses you had to undertake.

2. at evidence stage you cannot make any additional claim.

Especially the claims are to be made separately in another case only.

3. You cannot claim rent but you can claim partition and separate possession of your share in the property.

- As per law, High court is having jurisdiction /power to instruct the family court for expediting the case . 

- Since the court has already fixed interim maintenance , and the matter is already at evidence stage , hence if will not effective for the same. 

- Your husband is under legal obligation to pay the arrears of maintenance amount , after the lockdown . 

1. Yes , you can raise the issue under the given headings but not in divorce case, 

- You should file petition under the 125 CrPc or under the provision of Domestic Violence Act , for getting amount under the given headings. 

2. You can raise the issue at the evidence stage , but additional claim/prayer will not entertained by the court. 

3. As per law, you can claim residential right , your husband is bound to provide the same , even you are having property in your name .

- Further , you are also liable to get 50% share in the property as well. 

Put an application in the court to expedite the matter stating the reasons. 

you have another property in your sole name from which you earn rent

and you are seeking maintenance from the husband

please tread with caution in court

maintenance is sought by a spouse who is unable to maintain her/himself

it is not asked as a matter of right

1. You can seek the maintenance amount for you and your son and can ask for residence rights.

Also you can seek income proof from husband along with account status.

2. If there is proof of same court may entertain.

3. See you can ask to sell your share and can ask amount of it once emi is completed. 

As you are aware, due to prevailing  situation and world wide lock down, it is not possible.

Further, due to pendency of old cases it will not be taken up by the court.

Basic requirement for filing expedition petition is to urgency and irreparable loss if it is delayed.

There is no harm in filing the expedition petition after lock down is lifted and convince the court about your problem / urgency, based on which court may consider the application.

1. Yes you can

2. You need to prove the same in evidence

3. You can but the discretion is with court to grant it. 

4. No without suit you will not get the same. You can get residence orders to stay there under domestic violence Act

In reply to your second post:

You can ask for the contribution made by you of which you have proofs.

You can seek protection orders, residence orders, monetary relief, custody orders (if you have children) and also you can seek ex-parte orders against your husband. 

However, in order to get relief in all the above you need to prove your case putforth by you with material proofs. 

Dear Querist

My opinion on your queries are as under:-

1. Yes, as per section 20 of Protection of Women From Domestic Violence Act-2005, you may claim maintenance for yourself and for the Child.

2. You have to prove the cash amount.

3. you may claim maintenance and other expresses hence can't be entitled to get 50% rent.

Feel Free to Call 

Hello,

You need to file a case in the high court in order to expedite the matter .

Regards

1. There is no delay in your case since the case was filed in November 2018.

2. You are free to seek maintenance for yourself and child. Maintenance of child is a joint responsibility of both parents.

3. If interim maintenance has not been sought by you then an application for it can be filed even at evidence stage.

4. You can seek 50% rent of the property.

Hi

1. Yes , all requests will be entertained. 

2. You need documentary proof or evidence of some person to prove things..arrange anyone out of these two.

3. Yes you can ask.

Madam, 

You may file an interim application for demanding monthly household payment, my sons school fees paid, EMI's paid, Society maintenance, amount credited in PPFS and savings account of my husband etc at evidence stage of the case and the same will be entertained first and then evidence will start. As regard to your second question, you may submit the your versions as to how the money was procured by you, whether any FD broken or withdrawal from saving account done etc. and you may prove the cash transaction. You may also ask the 50 % rent of the property in your interim application or you may ask for share of the property at the time of decision of the case. You may not be required to file a civil suit, rather you may file application as per Hindu marriage Act for settlement of the properties.  

The maintenance shall be paid by your husband and it has to include all the expenses you have mentioned.

You are the co owner and hence entitled to half the rent.

You should ask your husband to give half of the share of the property or the money so that you may transfer it in your name.

Your own salary would also be taken into consideration when determining the maintenance amount.

1. No need to file petition for expedite the proceedings of divorce case as it can cost you money but results may not be as expected.

2. Yes you can claim monthly maintenance along with fees of your son and rentals of your property.

3. For claiming property shares you have to file a separate case but you can make application for interim relief in current suit to claim mense profits from shared properties.