Divorce Proceeding
4 years ago
My husband filed a divorce case 8 yrs ago and it's still proceeding. We never got sanctioned for my daughters maintenance. My husband doesn't even look after my daughter. We filed a domestic violence to live in the house with him. But we failed. Nw I am planning to divorce him. But I need something for my kid. So I have asked to give me back my ornaments and to transfer his property to his daughter. He is not Willing to do both. Our courts destination changed and it's been 9 yrs. Are we getting fooled? Or wat can we do to achieve our goal. Is it necessary that I should not divorce him to achieve my goal?
Regards.
Suneel Moudgil
Responded 4 years ago
A.what was the status of other cases/claims?
are u working?
on what grounds the Court dismisses the DV residence order?
state complete facts to get a prompt revert
are u working?
on what grounds the Court dismisses the DV residence order?
state complete facts to get a prompt revert
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Deepak Panjwani
Responded 4 years ago
A.Ur ornaments are ur stri dhan. U should file an application for returning the same to u.
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A.Dear Madam,
You are correct as you used the words "getting fooled". You may approach the High Court to redress your grievance asking them to fix a outer limit to dispose the cases as per their own circulars which are as below.
=================================================================================
Dear Madam/Sir,
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
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.
You are correct as you used the words "getting fooled". You may approach the High Court to redress your grievance asking them to fix a outer limit to dispose the cases as per their own circulars which are as below.
=================================================================================
Dear Madam/Sir,
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
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.
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A.Since your divorce case is going on for so many years it is suggested that you file a case for maintenance at your location. You can file the case under Section 125 of Cr.PC. and as soon as the case is admitted ask your lawyer to move the application for interim maintenance. This way you will start getting some maintenance when the case is going on.
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Rameshwar Dadhe
Responded 4 years ago
A.U will need to fill maintenance petition under section 125 of crpc
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Anonymous
Replied 4 years ago
We have already filed this case sir. But there were no response from the court.
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