1) you have no option but to wait for disposal of your appeal by HC

2) if wife refuses to stay with husband it amounts to cruelty.

3)family court should not have dismissed your divorce petition

4) you should be granted contested divorce

5) appeal before HC may take 5 years to be disposed of

Dear Concerned,

Answers for suitable points

5. Ask your lawyer to file an application for early hearing and request the court to settle the matter.

6. WHO HAS ASKED YOU TO DO THAT : when she has left you willingly in 2010 and its was you who filed a divorce ......i assume there has been no order of maintenance from any court so why are you paying. STOP PAYING THIS MONEY ---- dont feed her dear for no reason.

7-8 : Stop paying her maintenance - if she approaches mention cases history FORCE her legally to separate from you

9 : depends on your lawyer - should have taken this much of time .

10. NO - not without listening to your wife

11-12 It is suggested to consider filing a Civil SLP in the Hon'ble Supreme court of India mentioning all the grievances.....you being separated from your wife from 6 + years is certainly under harassment by our Judicial System...... Chances of Releif from Hon'ble Apex Court are High in consideration to your notes.

Please feel free to contact for any further information free consulting for you matter.

Best of Luck

1. Divorce can be sought on certain legally acceptable grounds like cruelty.

2. You shall have to submit evidence in support of your allagetion while seeking the decree of divorce.

3. In your case you have failed to prove your allegation of cruelty on her part for which your suit has been rejected by the Cout.

4. Since you have already filed the Revisional Petition before the High Court which is pending for 1 year 9 months, the entire matter in connection with your effort to divorce her lies before the High Court now. Ask your lawyer to make a mention for early hearing of the matter.

1) you cannot write letters to judge , law minister for early hearing

2) you can apply toHC to expedite hearing of your case

3) you have good case onmerits

Dear Concerned,

3.a Do not WRITE anything to a judge - you would be more in trouble - thats a worng thought - There can be no interference by any body other then higher judiciary body.

4. As mentioned earlier approach the Supreme Court for relief - your case is a perfect case for seeking releif.

Best of Luck

1. Since your spouse is not willing to go for MCD the only option for you is to continue your MFA in the HC. Nobody knows how long it will take in the HC. Your case is yet to be admitted, so apply to the HC for urgent listing of the case so that the HC takes a decision one way or other on admission of the case.

2. Hypothetical queries like ''will I get the desired order/judgment/decree from the court'' cannot be answered.

3. It is not a fundamental right of a spouse to be separated from his spouse. The trial court held that you failed to prove cruelty on the part of your spouse, a judgment which can be set aside by the HC on appeal.

In my opinion you have wasted your precious time in the legal battle right from the beginning of the litigation.

Firstly you could have filed a petition for divorce on the grounds of desertion and adding the cruelty grounds to it.

The petition could have been followed up properly through an able and experienced advocate.

The decision to take up a appeal/revision after dismissal was an incorrect decision that too after much long delay or inordinate delay.

Instead of taking up a appeal/revision you cold have filed a fresh divorce petition ion the grounds of desertion and the related cruelty thereupon.

Even now you are hanging on the application seeking to condone the delay i preferring the appeal and wasting your precious time.

The fact that she is living separately from you for the past so many years and despite your willingness to live with her she is not accepting to live with you anymore, this constitutes a strong and solid ground for divorce on the grounds of desertion and cruelty.

You may discuss with your lawyer and plan to withdraw the application pending before high court and initiate fresh divorce case on the grounds as stated.

1. I have been cleared of the DV case by an order by the judge stating that the wife her self dose not want to live with the husband and there is no Domestic violence.

This judgment will go a long way to prove that she has abandoned the matrimonial home voluntarily and living separately away from you which constitutes a solid ground for a fresh divorce case on the same grounds.

2. My 498a case is still pending in the court .

This can be challenged based on the merits in yor side during trial.

3. Sir, Please suggest any other option where in my case is disposed of early:-

a. Can I write request letters to the following:-

I. Judge dealing my case: NO

II. Law minister : NO

III. Any other authority : NO

There will be no use in writing to any of these people.

You can follow the procedures as laid down in the law under this circumstances. You can discuss about this with your lawyer.

4. Must be any other option like a writ petition etc.

Dont imagine too much about this. NO WRIT PETITION SHALL BE MAINTAINABLE.

You have the options for fresh divorce cae by withdrawing the present appeal.

5. Since we tend to come across news about how the judiciary is trying to fast track its case .However, in my case its already 6 yrs now.stayed together for 20 days & no children out of this wedlock.

You were misguided all along hence you are suffering.

You can change the lawyer at this stage also if h is not guiding you properly.

The disposal of appeal takes time and you have to keep patience.

The decision of other cases in the meantime will surely help.

You can produce the testimony and decision of criminal court in Appeal.

You can request your advocate to expedite the hearing of appeal.