Hello, I am an Australian citizen and got married to my ex-wife in 2005. Things didn't work out between us and she went back home in 2009. Till 2011 things didn't work out between us and I applied for divorce in Australia and got it in 2012. In the meanwhile she filed a dowry case against me, my parents and two of my uncles in India. The case was filed in 2011. Now I am legally divorced in Australia. Got married again and have two kids. She also went back to India, got married and has two kids. Unfortunately the case is still going on. With the case also all witnesses have already presented themselves. Both the lawyers have presented their arguments. Since then we have been provided 7 dates without any decision. The dates that are being provided are one week or 10 days apart. My parents are old and have to travel 60 kms every time for these court dates. Is this normal that judges take time to give decision after lawyers have presented their arguments. Is there anything we can do to expedite a result on this matter. It has been close to 6 years for us.
Asked in Family Law from Australia
It appears that only judgment is pending.
Some times for judgment, the judge might need time to read through the contents of all documents and make up his mind and hence the delay might be on account of that.
It is also possible that the judge might be reluctant to give adverse judgment against either of the parties ( as in your case both of you have moved on from marriage and are now married again and settled) and hence probably planning to write a neutral judgment which might serve the best interests of both the parties.
It is better to wait for a short time as in your case(as in most other dowry cases) and also historically when the judgment is delayed, it(delayed judgment) has always resulted in win-win scenario for both the parties .
Hope this information is useful
1) since courts are overburdened it takes time to pronounce order
2) however one can understand Court passing order after one or two dates
3) seven adjournments for pronouncing order is too much
4) your lawyer can draw attention of court to fact that your parents are senior citizens and have to travel considerable distance on the dates fixed by court for passing judgment
5) request court to pass order on next date
Well, I am not sure why so many dates are given. May be the judge could not parer the judgement.
Ask the judge to have enough time to prepare the decision and give dates accordingly so multiple travel can be avoided.
If you inform us actual cause of delay then further advice can be given.
It is normal as the judges also need time to author the final judgment which runs into many pages. There is a huge backlog of cases in Indian courts, due to which the judges are not able to devote more than a few minutes to every case. So at this stage there is nothing you can do except to wait.
1. If only passing the Orders/judgments are pending before the Court, then it is not normal to take so many dates for giving order/judgment.
2. Ask your parents to file a Writ Petition before the high Court praying for an order directing the lower court to dispose of the case with in next 30 days.
This case has reached a final stage now.
The court may not have found time to pronounce judgment due to various reasons, one of them being work load.
Hence there is no abnormality in it.
Your lawyer can take care of your parents absence before the court on such occasions.
If the delay is inordinate without any justified reason then you may approach high court for direction.