• High court not taken up file on first appeal

Dear Sir,

Please advised me what i do in below case.?

  we file a court case in section 13 hma  in  lower court later after settlement of money  both parties agreed for divorce and respondent my wife give statements that she want divorce also,, but lover court pass order that if you want to take divorce  you fill joint application section 13 b  and dismiss our case file .
but after taken up money my wife not ready to file joint application in section 13 b  so that i  appeal to hi court against the order of lower court  and file supplementary.  after that  COURT ISSUE A DASTI NOTIC  but my wife denied to take it, after that court issue a notice by post which respondent My wife  get notice  but not join court on date and not appoint  any lawyer from her side  .

after that court give continuously date and my case not taken up  ( No hearing on my case ) my lawyer continuously request to taken up the file and decide the case.my lawyer filed 2nd  supplementary   that respondent my wife done second marriage also .


MY QUESTION IS :-my lawyer  continuously give urgency application on every date  and   request to court to deside the case but court  not taken up my case  so please advice me how high court can  taken up my file  and deside ?

note: respondent my wife not appoint any lawyer and she is  deny to take court notice by DASTI notic  AND  by post notice.
Asked 2 years ago in Family Law from Kanpur, Uttar Pradesh
Religion: Hindu
1) if wife has refused to accept notice it is proper service 

2) file affidavit of service 

3) if inspite of making multiple applications court has declined to take your case on board you will have to wait your turn 

4) if wife has remarried during subsistence of earlier marriage file case of bigamy against her under section 494 of IPC 

5) it would pressurise her to reach an amicable le settlement with you and file for divorce by mutual consent 
Ajay Sethi
Advocate, Mumbai
46749 Answers
2767 Consultations

5.0 on 5.0

HC is the master of its own destiny. It may allow or disallow your application for urgency at its sweet will. Unless there is a compelling sense of urgency the HC does not allow urgent mentioning of the case.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

From your contents it can be noted that despite refusing to receive notice by your wife, the high court is not passing exparte orders, well if you say that lawyer has been representing the matter properly, I have my own doubt about it, better appear before court in the next hearing and file a memo giving the details of her second marriage etc and pray to court to decide the appeal before it expeditiously  or change your lawyer and appoint an effective one to present your case properly.
T Kalaiselvan
Advocate, Vellore
36896 Answers
403 Consultations

5.0 on 5.0

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