Divorce and alimoney case making life difficult for all the family per

884 votes

In such a case, a divorce decree cannot be passed merely because the wife has filed a petition. The Family Court must first frame issues, record evidence, and decide whether the pleaded grounds for divorce are legally proved. If issues were framed in September but the wife has not led evidence since then, the husband should obtain the order-sheets and check the exact reason for delay, such as mediation, absence of the petitioner, court vacancy, strike, or repeated adjournments. On the next date, the husband should move a written application requesting the court to give the petitioner a final opportunity to lead evidence, impose costs for unnecessary adjournments, and, if she still fails, close her evidence and proceed with the respondent’s evidence or arguments. Since she wants divorce and alimony, the burden is primarily on her to prove her grounds and financial entitlement. If she is a working woman, alimony is not automatic; the court will consider her income, husband’s income, standard of living, needs, liabilities, conduct of parties, and other circumstances. The husband should file salary proof, bank statements, ITRs, employment details of the wife, and evidence showing that no dowry was given or demanded, if that allegation has been made. He should also clearly deny false allegations in written statement and evidence. If the delay is excessive and the trial court is not progressing despite applications, the husband may approach the High Court for a direction for time-bound disposal. The practical remedy is not to remain silent, but to actively press for evidence closure, costs, early hearing, and speedy trial.

Advocate Lalit Saxena LawRato

618 votes

If she is repeatedly not appearing for evidence, file an application before the concerned court to close the evidence and dismiss the case. The court may give her one last opportunity, if you file the application to close her evidence.

Advocate Vishal Batra LawRato

713 votes

stage for evidence issued by the court and not done from that time from September how the court will call both the parties the family court she wants divorce and alimony that is fine so then we can see

Advocate Spiti Sarkar LawRato

709 votes

Agar evidence stage ke baad se petitioner (wife) ne apna evidence produce nahi kiya hai ya baar-baar adjournment liya hai, to sirf is wajah se case automatically dismiss nahi hota. Court aam taur par ek se adhik avsar deti hai. Aap apne advocate ke madhyam se early disposal, no further adjournment aur evidence close karne ki prarthana kar sakte hain, yadi paryapt avsar diye ja chuke hon. Alimony ka claim sirf is baat par nirbhar nahi karta ki dahej diya gaya tha ya nahi. Yadi patni working hai, to uski income aur dono pakshon ki arthik sthiti ko dekhkar hi court maintenance/alimony par nirnay leti hai. Case ki copy aur order sheets dekhkar adhik satik salah di ja sakti hai.

Advocate Aprajita Shukla LawRato

990 votes

Divorce cases mein Evidence stage par delay hona common hai jo aksar court backlog ya doosri party ki wajah se hota hai Is delay ko khatam karne ke liye hum court mein Expedited Disposal Application file kar sakte hain taaki case jaldi aage badhe Agar dusri party jaankar date le rahi hai to unka evidence ka right close karwaya ja sakta hai Rahi baat alimony ki to wife ka working hona aapke liye ek plus point hai Agar unki income khud ko maintain karne ke liye kaafi hai to court alimony claim ko reject ya kam kar sakta hai aur dowry na hona bhi aapki financial position ko clean rakhta hai. Book a Legal Consultation with Advocate Sudesh Kumar Kya aap is court ke chakkar aur delay se pareshan hain? Main Advocate Sudesh Kumar aapke case ke papers ko personally study karke ek aisi Fast Track Legal Strategy banaunga jisse aapko court ki uljhanon se jald raahat milegi Apne case ko sahi direction dene aur jeet pakki karne ke liye abhi mere sath ek confidential Personal Consultation Appointment book karein Court ki tension ko chhodiye aur sahi legal advice ke liye aaj hi connect karein.

Advocate Sudesh Kumar LawRato