Expertise order from supreme court to lower court section 13

653 votes

Aapko suvichit kiya jata hai ki Supreme Court ke adesh ke anusar aapke Section 13 divorce case ko fast-track karwane ke liye Advocate Sudesh Kumar se telephone par sampark kiya ja sakta hai. Is samvaad ke dauran, vakil sahab aapke case ke transfer orders aur dusri party ke reply me hui deri ka mulyankan karenge. Iske sath hi, naye family court me case ko jaldi khatam karwane ke liye ek formal 'Speedy Disposal Application' file karne ki aage ki ranniti tay ki jayegi. Aap turant apni suvidha ke anusar unke sath ek convenient time-slot book karke phone par puri legal advice le sakte hain.

Advocate Sudesh Kumar LawRato

646 votes

In a Section 13 Hindu Marriage Act divorce case, if the opposite party has filed reply belatedly after Supreme Court’s order to expedite, you can file an application before the concerned Family Court requesting the court to proceed with the matter on day-to-day basis as per the SC directions. Since the case was transferred and delayed, you may also press for early framing of issues and fixing of dates for evidence. The court has discretion to accept late reply with cost. For reference, you may cite Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746 where SC held that cooling period can be waived and matters under Section 13 should be disposed expeditiously. Also refer to Anil Kumar Jain v. Maya Jain, (2009) 10 SCC 211. It is advisable to engage a local counsel in the transferred state to follow up and seek directions for speedy trial.

Advocate Shamma Perween LawRato

1000 votes

you have filed a divorc3 case and cases were transfered on state on 2026 Supreme Court used it for giving order to lower court 7 months Have passed tommorow the case had to be carried out from the lower court

Advocate Spiti Sarkar LawRato

543 votes

Based on your query, the Supreme Court’s order for the lower court to “expertise” under Section 13 means the trial court must conduct a formal inquiry to verify the facts on record—specifically, whether the prolonged non-reply from the opposite party was deliberate and constitutes a valid ground for divorce. Since the case was transferred to another state, your immediate task is to present your evidence to that new jurisdiction. You should submit the certified copies of your original December 2024 filing, along with proof of service and summons, to clearly demonstrate that the opposite party was properly notified from the very beginning. The core of your argument should focus on the delay and their belated reply. Explain that the seven-month silence, followed by a response only recently, indicates a clear intention to delay proceedings. Under the provisions of Section 13, if the other party has not resumed cohabitation for a continuous period immediately preceding the petition, it can constitute desertion. You can use this period of silence as a strong indicator of a complete breakdown of the marriage, which supports your plea. Because you have complied with all procedural timelines, you must request the lower court to expedite the final hearing, emphasizing that the delay is entirely attributable to the opposing side. For legal reference, you should cite the Supreme Court’s consistent jurisprudence on irretrievable breakdown of marriage, which allows courts to grant divorce when the marital bond has been severed beyond repair. A highly relevant precedent is the case of A. Raja versus G. Jaya Shanthi, where the court firmly established that delay in filing a written statement without a valid cause should not be permitted to frustrate divorce proceedings. You may also refer to the principle laid out in Rajasthan High Court versus Suresh Kumar, which supports the view that courts must not allow dilatory tactics to obstruct justice. Your practical next steps are straightforward. You must file a memo of appearance in the transferred state court, submit a formal reply to their recent counter-statement, and provide the judge with a clear timeline showing the seven-month gap without any response. Citing the A. Raja case will strengthen your argument that their tardy reply is a tactical move, supporting your claim for divorce. Since the Supreme Court has already directed the lower court to take action, you possess a strong legal foundation. Your goal now is to push for an early judgment rather than accepting any further adjournments.

Advocate Lalit Saxena LawRato

887 votes

If the Supreme Court has specifically directed the trial court to proceed with the Section 13 proceedings, the matter should proceed in accordance with that order and the applicable procedural law. If the respondent has filed the reply after an unexplained delay of about seven months, you may object to the belated filing and oppose condonation of delay, particularly if earlier opportunities were already granted and no sufficient cause is shown. The exact course of action, however, depends on the wording of the Supreme Court’s order and the previous orders passed by the trial court.

Advocate Pratik Khare LawRato