Divorce case going on for years how to resolve it

861 votes

It seems that order of family court has been challenged in high court and the same is pending. It is not clear whether or not respondent wife has been served with the summon by high court. If despite service she is not appearing then it should proceed her ex-parte. Full facts and case files need to be examined to answer your question.

Advocate S P Srivastava LawRato

794 votes

If the court case is still in pursuance then what can be done if it still persist and the other partner is not agreeing on the terms and conditions then you have no choice except for contesting the same.

Advocate Nishant Solanki LawRato

622 votes

Please give proper facts of the matter, which you have suppressed before the forum and also elaborate the reason for which Lower Court refused to grant Divorce. Further, also provide us the grounds which you have taken before High court. If, you want proper advice then you have to come which clear facts.

Advocate Anil Upadhyay LawRato

501 votes

To the limited understanding on the facts as stated by you, I would suggest that your friend should not file for a mutual divorce but a regular divorce before a court in the jurisdiction of his wife under section 13 (ib) i.e. she "has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition". For getting an apt opinion do consult with documents and relevant time line.

Advocate Ramaditya Tiwari LawRato

732 votes

First and Foremost i would like to inform you that the court take its own course to decide particular case. However, in order to resolve such cases in an early manner, we can approach the court with an application for early hearing inter alia pleading our urgency to do so. This is my prima facie view on the same.

In order to give you a satisfactory answer or to suggest a best possible recourse I will have to see the complete paper book of your case.

Thank You.

Advocate Shubham Aggarwal LawRato