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.
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Lawyers are available now to answer your questions.
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
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.
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.
