Contested divorce proceedings takes more than 5 years to be disposed of
on account of pandemic most of cases are being adjourned
Divorce case
I filed a case for divorce from my spouse on grounds of cruelty in 2018. It was contested by her. More than 10 hearings have happened and counseling etc happened in which both of us stuck to our position and report was submitted by counsellor to the court in April 2020. After that due to Corona hearing took place this month only and she or her lawyer did not appear. How long will this cycle continue. I have no objection to any of her demands and just want divorce but she isn't agreeing to it.
Asked 5 years ago in Family Law
Religion: Hindu
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8 Answers
What if she doesn't appear two three times and then reappears and then again stops appearing. ? Each hearing comes after two three months and there seem no end to this inertia of judiciary to give me a single relief.
Asked 5 years ago
- Have you appointed an experienced counsel? Why doesn't he plead for an exparte divorce decree in your favour, if the other party is resorting to such time wasting tactics?
- You must take back your brief from your current counsel and appoint me to handle your matter.
- ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)
You can insist that your spouse pays cost for adjournment
Request court to direct spouse to pay costs
If she's contesting the divorce case, then you have no option than to prosecute the case properly without any lapse from your side.
You be in regular touch with your advocate.
The courts have not yet returned to full normal functions yet, hence there may be a considerable delay in conduct of cases.
You can put pressure through your advocate if her behavior before court is erratic and beyond tolerance.
The court will take an appropriate decision instead of watching the situation as a mute spectator.
It may take more time due to corona. In contested divorce the span of getting divorce is longer compared to mutual divorce.
it usually takes 2 to 5 yesrs. In case of a contested divorce.
- If you are ready to pay her demands , then you should inform the court for the same , and request for passing an order for filing a mutual divorce petition , and for passing a decree for divorce on mutual ground.
