Legal Question in Family Law in India

Divorce in India - Delhi District Court

I had applied for divorce in family court for mutual consent divorcee in year 2011 and I paid the divorcee money to her and balance 2 lakhs which I supposed to pay her in our final hearing last year May since then she is not coming in court and court sent summons to my wife home address and temporary address too in both the places she is not there temporary Delhi home she left place and her permanent house is found locked by police this report was sent by SSP Police ,

Delhi District court accepted the Contempt of Court Case against her and issued notice to her then also she is not coming in court now last week ADJ gave the Pasting order notice in her house . My problems is that court gives me long date and this case i am fighting since 2009 in year 2011 when she could not prove any false charges against me then she agreed for mutual consent divorcee .In November 2001 we got mutual consent divorcee first motion and for final motion after 06 month she supposed to come in month of May since then she is not coming.

We sent one speed post mail and registered letter one her address in Delhi and Goa address one speed post she received and after that she not received any mail or notice from court side and locked and left her mother house. Then we filed for contempt of court also because she was ignoring our and court notice and after two three hearing ADJ accepted the contempt of court case against her and more than 10 summons were sent to her then also she not came and her house was found locked in post office and police report.

Last week ADJ Judge after seeing the SSP Goa and ACP Delhi police report which said, she do not live in both the places in her permanent address of Goa house was found locked then Judge gave final pasting order notice and gave me October long date .I have question to you in this case this Pasting order Notice will be the final order for Ex Party divorcee or Judge will send reminder again. Unnecessary the case is dragged for no mistake from my side . In last date month of April Judge not came so court staff gave me July date I thought the next hearing date will be less .but its more then 3 month and 10 days . What I can do to reduce the hearing date.

My old aged parents family members were dragged in different false case by my wife in police station, National commission woman and court too also no where she could prove the allegation against me. Last month National Commission for Woman also closed the case they too asked her to come there but she not replied their mail answer too.

In my case how i can approach the fast track court and High court. Fast track court and high court may say wait already Delhi District court sent the Pasting order notice to her .

Can I move this case in Fast track court for speedy Judgment? I am Indian Navy Ex-Serviceman and I Served for nation 15 years honestly. To serve the nation people I did not do marry in my 15 years of service. Now I hate my country that why I served this stupid country where no Justice for truth.

I feel the Law is only for woman and they can play with anyone life.

Regards

Asked on 7/09/13, 10:12 pm

1 Answer from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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Sir, You have repeated this question. My answer remains the same. If she has withdrawn her consent, you may consider amending your divorce petition to a 'contested' petition on available grounds.

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Answered on 7/09/13, 11:06 pm

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