Divorce
4 years ago
My divorce case has been going on for last 3+ years. The case is in District Court Faridabad. My wife has been in Canada for last 4.5 years, and she fled away without informing me. I have no clue on her whereabouts. But she has hired a lawyer to fight the case on her behalf. The case is at the stage where she has to appear for witness and cross examination. The earlier date for this was 17th April. Due to ongoing lockdown, the next date has been given for 21st July. The case has been dragged on for more than 3 years, and wife's lawyer has been frequently getting dates after dates. I want to challenge the hearing date as its too long a period, considering the fact that the case has been dragged to much and its a waste of time when my wife hasnt been clearly giving out what she wants, nor has she declared her correct address of Canada, her whereabouts and her mode of survival clearly. Hence, not wanting to waste too much of time for a case where the only intention is to just keep me waiting and spoil my life, I want the hearing to be preponed to May. Can I approach the Supreme Court of India for this? Whar are the chances that the date will get pre-poned? What do I need to do to increase the chances? In how much time can my appeal be heard in the Supreme Court?
What is the process to file this appeal in Supreme Court?
Is there any faster way to achieve the desired result?
Ayantika Mondal @ Prime Legal
Responded 4 years ago
Understood that the petition was filed by you against your wife and they are dragging the dates and the same is posted for Evidence and X evidence.
I recommend you the below:-
1. Wait for the next date,
2. Failing to appear before the court, your counsel may place her exparty and continue with the argument to draw the judgement.
3. In case further delay, you may file a petition before High court ( Not supreme court) seeking a direction to the trial court to expeditiously dispose of the divorce petition filed by you against the respondent.
You are correct Courts not giving earlier judgments.Now the law says it must be disposed of within 12 months. So you can file a Writ Petition under Art. 32 of Constitution of India as it is your fundamental right to get judgment within 12 months as per the following circular.
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Karnataka Case Flow Management Rules
http://www.judicialreforms.in/forums/showthread.php?tid=63
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
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