See you may file a writ petition to expedite the matter the high court may on your prayer pass direction to complete the case in a time-bound manner.
How get divorce expedited
Sir I have a case filed in 2015 against my husband to get back my 150 sovereign of gold and 10 lakhs which he took from me & my family at the time of my marriage...due to physical n mental tortures against me and my son we are not together any more..He is from Chennai n am from Kerala, he had filed a case of RCR at Chennai court in 2017 n I had filed a divorce petition in 2017 kerala family court as well almost at the same time.. but due to personal circumstances I couldn't go to Chennai to oppose RCR. But took a stay from supreme court against RCR & to transfer to family court Kerala but as I had to personally go to Chennai to present it which I couldn't thus the stay order couldn't be presented. He barely comes to attend the case, the case was declared ex-parte twice but he filed appeal with some petty reasons as unwell due to backpain etc and gets reopened..and still pending again...divorce case also remains pending with just 2-3 counseling at which I had clearly mentioned my view to get divorce ASAP..but now both the cases are pending... I want to get into another life but with the divorce case pending I am unsure how long is it going to take... Am planning to file a writ suit at high court to expedite the case...we both are muslims.. meanwhile I have also takes Fasakh as per Islamic law to get married legally to religious... please advise... to get the cases expedited ASAP..
Asked 3 years ago in Family Law
Religion: Muslim
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15 Answers
File writ in HC to direct family court to dispose case within stipulated period of say 6 months
- Legally RCR case is nothing to do with the parties of marriage , i.e. even the court passed its order in favour of your husband , then also there is no provision in Law, to force you to accompany him legally.
- However, for an urgent decision of the court , you should try to take his consent for mutual divorce under the Muslim Law, and further you can covert this divorce petition into the same as well.
- Further , as earlier two times he has been proceeded ex-parte , and the court grant him opportunity, then you can also approach the High court against the allowing his application for setting aside the ex-parte .
- Further , even if the High court not passed its order in your favour , then also you can prayed for hearing the said divorce case on urgent basis .
- If , you will file a Writ Petition before the High court , then it may take long time .
- Further , as per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges.
- Hence , your husband is under the legal obligation to return you the said gold and the amount at the time of marriage including all gift items which you receive at the time of marriage and even after the marriage.
If you have already filed a divorce case in court under the dissolution of muslim marriage act then you may have to wait.
Since the supreme court has already granted stay against his RCR case, you need not be worried about it, you can send the copy of the supreme court stay order to that particular family court, which will record the same and not proceed with the RCR case anymore till the transfer order is received from supreme court.
No writ is maintainable.
Please file writ petition before High to get your case expedited before the trial court.
If you are a Muslim tgen you should take khula from him.
Moreover the divorce cases cannot be kept pending by the court indefinitely whether he comes or not. File an application under article 227 in the high court to expedite the process.
yes you can file writ in HC for directions to the family court
1. Its not clear whether you applied for divorce under Muslim Marriage Dissolution Act which is otherwise expeditious mode of divorce.
2. In any event you can file Revision in high court under Article 227 of the Constitution.
3. Fasakh is not a recognised mode of divorce in India, more so, when a divorce proceeding is pending.
Early hearing applications will help
It was responsibility of your husband also to confirm the stay of SC to family court.
And wife cannot be forced to live with husband even after RCR order passed against her. To recover your gold and dowry amount file FIR at your place.
Just press your divorce case now, if again court passed es parte order. Court may not set aside ex parte decree.
Or obtain direction from High court for early disposal of case. File FIR if not filed yet.
File an application in the court to expedite the matter stating the reasons. If the court does not listen to you file an application in the high court seeking direction to the lower court to expedite the matter.
You need to file an application before the High Court.
Regards
Madam,
You are suggested to file the writ petition in high court for direction to lower court for the hearing the cases on priority and decide the same in time bound manner.
1. Your decision to file writ petition is good to expedite the case.
2. Also offer your husband to go for mutual consent divorce as per islamic laws
You can file an application seeking to expedite the proceedings by highlighting the back ground of case and your husband's laid back attitude in conducting the case and getting the same reopened on petty reasons and that, you can also seeking expedition by showing urgency to the court. Due to prevailing circumstances, you need to convince the court with some sound reasons / proofs to get the relief.
