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Expediting DV case due to delays


27-Feb-2026 (In Divorce Law)
My wife has filed a false dv case in 2018. Interim order passed in 2024. I have about 40% arrears till now. Wife is using delaying tactics and not filing evidence. She has filed applns for recovery of maint. Judge is not passing any order and case is stretching from 2018. I want to understand what can i do in such case. If i approach highcourt for timely disposal what are necessary grounds to admit the case. Is this effective and does it help?
Answers (4)

Answer #1
951 votes
File an Application for Early Hearing You (or your advocate) can file a separate application requesting an early date. In the application, you should mention: The case has been pending for a long time You are facing financial hardship Interim maintenance/protection is urgently required The respondent is intentionally delaying the matter Oral Mentioning Before the Magistrate On the next hearing date, your advocate can orally request the court to grant a short date due to urgency. Approach the High Court (If Delay Is Excessive) If the trial court is causing unreasonable delay, you may approach the High Court of Bombay (or the High Court of your state) seeking directions for speedy disposal of the case.
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRato Mumbai | 200+ Answers
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Answer #2
794 votes
If the DV case is pending since 2018 and interim maintenance was passed only in 2024, prolonged delay can be a valid ground to seek expeditious disposal. You may first file an application before the trial court seeking closure of evidence if the wife is not leading evidence despite opportunities. If delay continues, you can approach the High Court
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Advocate Utkarsh Mehta

Adv. Utkarsh Mehta

LawRatoNagpur | 25+ Answers
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Answer #3
513 votes
you can file a writ petition for quashing of domestic violence case against you in the High Court and you can challenge the interim order in the session court for maintenance cheating that there has been no case of domestic violence at all, if you don't challenge this order they will file for application after application to recover the money from you which you are not bound to pay we can seek for a settlement through Bombay High Court in the case of false DV case, upon which you can set all the matter and get the divorce and you can both move on in your life, also you need to take an action if not you will pay this entry maintenance for the rest of your life because this case may drag on to 10 or 12 years
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Advocate Moksh Jain

Adv. Moksh Jain

LawRatoMumbai | 100+ Answers
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Answer #4
536 votes
You can file a petition in the High Court under Article 227 of the Constitution for the speedy disposal of the case. The inordinate delay since 2018 is a strong ground. This is an effective remedy, and the High Court can direct the lower court to decide the matter within a stipulated time.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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