• Case is not advancing

I am the wife .The Family Court, by judgment , partly allowed the petitioner’s claims and directed payment of ₹3 lakh towards patrimony, ₹10.5 lakh towards salary, and ₹3.3 lakh towards tuition income, all with 6% interest; both parties have challenged the judgment in cross matrimonial appeals presently pending before the High Court . During the pendency of the appeals, the respondent has furnished a security deposit of ₹17 lakh, out of which ₹1.5 lakh has been released to the petitioner as interim relief, indicating partial safeguarding of the decretal claim. Though multiple interlocutory applications have been filed, the matter has not progressed to final adjudication; a court-led settlement attempt failed, and the case has remained in a prolonged adjourned status (“adjourned at the request of both sides”) for several months. Please advise what steps should be taken from my side as this case was filed in 2020
Asked 12 hours ago in Family Law
Religion: Muslim

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4 Answers

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.

Anoop Prakash Awasthi
Advocate, New Delhi
56 Answers

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 

Ajay Sethi
Advocate, Mumbai
100205 Answers
8182 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90408 Answers
2519 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15913 Answers
244 Consultations

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