Your case is presently stalled at the appellate stage despite partial compliance with the Family Court decree. Since both sides have filed cross appeals and adjournments are being taken “by consent,”. The Rs. 17 lakh security deposit is in your favour as it safeguards the decretal amount, but it does not automatically ensure progress unless actively pursued.

You should now move an application for early hearing or urgent listing before the High Court, clearly stating that the matter has been pending since 2020 and involves financial relief to a wife. Courts generally respond positively to such requests in matrimonial disputes, especially where delay is causing hardship.

Simultaneously, seek enhanced interim relief by applying for further withdrawal from the deposited Rs. 17 lakh, or request that part of the decree be treated as part-final due to the prolonged pendency. This ensures you are not financially prejudiced while the appeal remains undecided.

Your counsel must also take a firm stand against routine adjournments. If the opposite side is delaying, request the court to fix a time-bound schedule for final disposal. Regular “mentioning” before the bench or filing an application for early disposal can significantly expedite listing in practice.

Make application to High court for placing appeal on board for directions . Take the plea that no settlement is possible and case be placed on board for hearing and final disposal 

The matter is pending at appeal before high court.

You can ask your advocate to file a memo before the high court registrar to bring the matter in the immediate list for hearing or can make a mention before the concerned court for urgent listing in view of financial hardships faced by the petitioner.

- If the High Court is taking time to dispose off the matter , then you can file an Application for urgent hearing with the preponement of the date.

- The application can be filed on the ground of failure of the settlement between the parties. 

Your situation is quite typical of matrimonial appeals where, after initial activity, the matter gets stuck in a cycle of adjournments. However, there are clear procedural steps available to you to push the case forward.

I will give you practical, court-oriented guidance.

1. First, understand the current legal position

Since both parties have filed cross appeals:

• The matter is now entirely within the control of the High Court.
• The Family Court decree is under challenge, but it is partially secured by the ₹17 lakh deposit.
• The case is not moving mainly because it is being shown as “adjourned at the request of both sides”, which weakens urgency.

This is important:
If the record shows adjournments from “both sides”, the court assumes neither party is pressing for final hearing.

1. Immediate step: stop “consent adjournments”

From your next date onwards:

• Instruct your lawyer not to seek or consent to adjournments.
• Make it clear that you are ready for final hearing.

This single change often shifts the court’s approach significantly.

1. File an application for early hearing / final disposal

You should move a formal application for early hearing in the pending appeals.

In that application, highlight:

• Appeal pending since 2020 (long pendency)
• Monetary decree already passed by Family Court
• Partial deposit already made (₹17 lakh)
• Settlement attempts have failed
• Continued delay is causing financial prejudice

Courts generally respond positively when:

• the matter is old, and
• pleadings are complete

1. Check whether pleadings are complete

Ensure the following are on record:

• Appeal memo
• Reply / counter affidavit
• Rejoinder (if any)
• All documents and annexures

If anything is pending, the court will not take up final hearing.

Your lawyer should specifically state:

“Pleadings are complete. Matter may be listed for final disposal.”

1. Seek “final hearing” or “part-heard” status

Two practical options:

• Request listing for final hearing on a fixed date, or
• Request that the matter be taken up as part-heard

Once a matter becomes part-heard:

• It is less likely to be adjourned repeatedly
• The same bench continues hearing it

1. If delay continues: mention the matter

In High Courts, an effective step is “mentioning” before the bench.

Your lawyer can:

• Mention the matter before the concerned court
• Request urgent listing citing long pendency and financial hardship

This is often faster than waiting through normal listing.

1. Regarding the deposited ₹17 lakh

You can also consider:

• Filing an application for further interim release (beyond ₹1.5 lakh already released)

Grounds:

• Decree in your favour
• Security already deposited
• Delay in final adjudication

Courts sometimes release additional amounts subject to safeguards.

1. If the other side is delaying deliberately

You may take a slightly stronger stand:

• Oppose adjournments on record
• Seek costs for unnecessary adjournments
• Request the court to proceed even if the other side is not ready

Courts take note when one party consistently shows readiness.

1. Long-term remedy: writ for expeditious disposal (rare but available)

If despite all steps the matter remains stagnant:

• A petition under Article 226/227 can be filed seeking direction for time-bound disposal of the appeal

This is not the first step, but a pressure mechanism if delay becomes excessive.

1. Practical strategy for you

From your side, the most effective combination is:

• Stop consenting to adjournments
• File early hearing application
• Ensure pleadings are complete
• Push for final hearing through mentioning
• Seek interim release of more funds

Conclusion

Your case is not stuck due to any legal complexity—it is stuck due to procedural inertia and mutual adjournments. Once you actively press for hearing and put it on record that you are ready, High Courts usually begin to move such matters.

You can request the court for speedy decision disposal of interim application in said appeal. If not granted filing SLP in SC is only option for speeding it

dear client

1. You may apply for structured repayments (₹50,000/month) but the DRT is unable to impose settlements on banks; it simply resolves the bank’s claim. If you want to settle (OTS), the bank must agree to it; however, you should always provide evidence of bona fide payments towards resolving the matter in order to facilitate negotiations.

2. Yes. The bank (by way of its Recovery Officer) can freeze accounts or place a lien on the accounts following the issuance of a Recovery Certificate.

3. If a bank attaches your salary in accordance with the provisions of the CPC, they generally may only attach no more than one-third of your net salary after taking into account any exemptions.

4. You may have: incorrect amounts owing, excessive interest/charges, improper authorizations, or improper procedures. You also may want to demonstrate that you have made continuous payments towards resolving the matter before negotiating an OTS.

5. Filing → summons (1-3 months) → hearings → final order (typically 1-3 years depending on the backlog). You may have an ex parte hearing if you do not appear.

6. Hearings occur approximately 3-8 times per year and vary based upon the workload of the particular tribunal.

7. An unsigned WhatsApp message is weak proof of any defence related to Section 19 of the Limitation Act. However, if the bank has records of payments made towards the matter, it may extend the limitation period.

My advice to you is to appear at each hearing to avoid having an ex parte hearing and try to arrange for an OTS while the DRT is hearing your matter.

If you when you get it please feel free to contact us

Given that both sides have already filed cross appeals and the matter is pending before the High Court since long with repeated adjournments, your case has entered a stage where active procedural intervention is required from your side, otherwise it will continue to remain stagnant.

The most effective step at this stage is to move an application for early hearing / listing before the High Court. In this application, you should specifically highlight:

• That the matter is pending since 2020
• That substantial amounts have already been secured by deposit
• That settlement efforts have failed
• That continued delay is causing financial and mental hardship

Courts generally respond positively to such applications, especially in matrimonial matters involving monetary relief.

You should also ensure that your counsel is not consenting to routine adjournments. The phrase “adjourned at the request of both sides” indicates that either expressly or tacitly, both counsels are allowing adjournments. This must be stopped. Clear instructions should be given to press for final hearing.

If the matter is still not moving, you may:

• Request your counsel to mention the matter before the court for urgent listing
• Seek that the matter be taken up for final disposal on a fixed date

Another practical step is to file an application to dispose of pending interlocutory applications along with the main appeal, so that procedural delays do not keep the main matter pending.

Since a substantial amount (₹17 lakh) has already been deposited, you can also explore filing an application seeking further interim release, depending on your entitlement and financial need. Courts sometimes grant partial relief during pendency.

If there is continued inaction despite these steps, you may consider:

• Changing counsel if the matter is not being actively pursued
• Filing a written request to the registry for listing status

In summary, the delay is largely procedural at this stage, and the solution lies in actively pushing the matter for hearing rather than waiting. An early hearing application combined with firm instructions to avoid adjournments is the most effective way forward.

1. File an appropriate application before the Hon'ble court for speedy trials, as the case is been pending since 2000 - the parties to the suit are at the failure for settlement and require speedy disposal of the said suit

2. Make sure to stand against the "unnecessary adjournments"  

Since the matter is already in the High Court, your immediate step is to have your advocate file a petition/memo for early hearing and final disposal and clearly state that you are not seeking any further adjournment. Under the Family Courts Act, the appeal lies to the High Court, and under CPC, adjournments are to be granted only for sufficient cause, not routinely, and the court can impose costs for delay.

Also ask the High Court to keep the ₹17 lakh security protected and, if needed, seek further interim release from that amount pending disposal. If delay is happening because your own side has been consenting to adjournments, that must stop first.

To address the delay in your cross-appeals pending before the High Court since 2020, several procedural options are available. Since the adjournments have been recorded as “at the request of both sides,” you should first instruct your advocate to stop consenting to further adjournments, as continuing to agree to delays may weaken any subsequent complaint about the lack of progress.

The most effective step is to file a formal application seeking early listing of the appeals. Your counsel can submit a Memo for Urgent Listing before the High Court’s Registry, specifically citing the pendency since 2020 and the fact that multiple interlocutory applications remain unresolved. Additionally, Section 21B(3) of the Hindu Marriage Act, 1955 provides that every appeal under the Act “shall be heard as expeditiously as possible” and “endeavour shall be made to conclude the hearing within three months” from service of appeal notice. You can bring this statutory provision to the court’s attention.

If the case is not listed despite these efforts, your advocate can request a “mention” before the appropriate Division Bench when the roster permits, requesting the court to direct the Registry to list the matter urgently. Alternatively, you may file an application under the High Court’s rules seeking a time-bound disposal order—similar to how Kerala High Court recently directed a Family Court to dispose of a case within three months when a party sought expedition.

Should your current advocate be unresponsive to pursuing these steps, consider whether changing counsel is necessary. A new advocate can file a Memo of Appearance with a No-Objection Certificate from the previous counsel, or seek leave to appear without NOC if the prior counsel is non-cooperative. Since the respondent has already furnished a ₹17 lakh security deposit, ensuring your appeals are heard promptly is crucial to securing your decretal entitlements.

Madam, 

The best course of action is to get the high court case decided at the earliest.