• Divorce

I am going thru a contested divorce for the last  2 years. My ex has failed to appear on the dates except on dates where there wud be an exparte. He has been dragging it unnecessarily. I opted for a mutual divorce but he denied hence had to contest without any charges on his.

Since he has failed the reconciliation date too my questions are:

1. What are the next steps involved?

2. What can he do to drag the case?

3. What can i do from my end?

4. It's been  2 years. How long would it take to end?
Asked 3 years ago in Civil Law from Kolkata, West Bengal
Has your husband filed his written statement? If he has not filed his reply petition can be proceeded with exparte. 
After filing of reply issues would be framed by court. You have to file your affidavit of evidence long with compilation of documents. Your husband can cross examine you. 

After you have closed your evidence your husband will have to file his affidavit of evidence /compilation. You can cross examine him. 
After evidence of parties petition will be placed for arguments and then judgement.

Contested divorces take long time to be disposed of. It also depends upon pendency of cases in family court in your city.
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
Hello,

You must file an application under section 125 CrPC and claim maintenance. Further on the next date of hearing ask the court to provide you the expenses for coming and attending the court proceedings since your husband is unnecessarily dragging the proceedings.

This will mount pressure on your husband to wrap up the proceedings at the earliest. There are a thousand methods to drag on the proceedings before a family court, so unless some counter measures are taken it is difficult to finish proceedings early.

If filing the above applications does not suffice, then consider filing a case under section 498A and domestic violence act against your husband. 

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
5.0 on 5.0
Above advices are the normal actions one can plan. From your query it appears that your husband doesn't want the divorce and you are getting tired down. I feel that there is scope of reconciliation if both of you get proper adviser. You have not mentioned reasons of seeking divorce and if you have children. Rethink to save your family life. It may be more appropriate to settle the issues among both of you rather than wasting lives in courts.

Anil Gupta
Delhi
09873503447
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
1) The respondent (husband) is to file written statements to the main petition after ex parte order set aside to his end. 

2. He can prolong the proceedings to some extent using one way or other, like delaying in filing written statements,objections,or take time argue on interim applications, etc and so on.

3. You take all necessary steps from your side for speedier trial in this regard and as and when necessary report to the court of respondent's lethargy to pursue on the matter. 
4. By this time trial was to commence but from hereinafter you give more attention in this matter and in another one year may the matter come to a conclusion.

Thanking you
M.R.SUBASH
Advocate
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
This is known as delay tactics in legal language. Generally in matrimonial cases courts take matters leniently and slowly because general trend of the court would be to save the marriage. Here also it seems your husband is doing deliberately to harass you, that's why he did not opt for mutual divorce. Now the court will observe the conduct of husband and pass a good speaking order. Ask your arguing council to stress on the mental agony you re going through due to his such a torturous attitude.
Naveen Malik
Advocate, Chandigarh
3 Answers
0 Consultations
4.0 on 5.0

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