what is advantage of delaying divorce case for respondent women? what is advantage of delaying divorce case for respondent women?

1 year ago

My wife had put DV and 498 on me in 2020 with no proof and I had put divorce case on basis of adultery with strong proofs.
My children's are with me and we are living happy . My wife got visitation rights for meeting children's.
My wife is continuously the delaying the DV and divorce proceedings (she has not yet been awarded maintenance and she is unemployed)
She has not got kids custody and also her maintenance in DV and Divorce is pending .?

What benefit to women for delaying her own case of DV and my case of divorce when she is getting no maintenance and even kids ?

Abhimanyu Shandilya

Responded 1 year ago

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A.Dear Client
There is no direct benefits to her and infact she is the looser in this especially the DV case wherein she would have got some monetary (maintenance) benefits at least the interim one. In my opinion she might be disinterested to pursue the case when all the facts and evidences are in your support.
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Anik

Responded 1 year ago

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A.Dear client,
There are no such legal benefits that would benefit your wife. But if you are suspecting your spouse is using a tactic to delay your divorce, you should bring it to the attention of your lawyer.
1. Maybe she's playing financially: Your wife maybe trying to run up your lawyer fees, leave you without living expenses, delay support payments, or hide his or her own assets.
2. She is looking for a good reason to file a continuance.
3. False accusations - She might accuse you of abuse or child neglect – and she may file a protection order. This can complicate both divorce and your children custody.
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
She might be interested in torture in you. If you want to dispose of within a certain time frame then approach High Court on the basis of following circular which is issued by each State and get a direction accordingly to the family court.
You have to rely upon various circulars which says it should be closed within 12 months. You can move an application before the same court as per following circular or approach the High Court for time bound disposal
Karnataka Case Flow Management Rules
The said circular bears No. LAW 294 LAC 2005 dated 18.03.2006 issued by Law, Justice and Human Rights Secretariat, Government of Karnataka, Bengaluru
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 LokAdalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

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