Divorce still delayed

I had applied for divorce in 2015 and still my.ex has not applied for a counter. Every time the case comes up my ex's advocate keeps requesting for time to file a counter. What should I do to expedite this???

Expert Advice

There are three possible courses of action for you to get a speedy divorce. First, you can file an application for speedy disposal in the trial court. The application can be moved under Section 21B of the Hindu Marriage Act, 1955. [See Footnote 1] Second, you may file a writ petition in the High Court, directing the trial court to dispose off your case within, say, six months. [See Footnote 2, 3] Third, you may agree to a settlement with your spouse and opt for a mutual consent divorce, which generally will be concluded in six to eight months thereafter. FOOTNOTES 1. Anuj Garg Versus District Judge, Jind, Haryana and another. Held: it will be expedient, in the interest of justice, in case the petitioner files an application under Section 21-B of the Hindu Marriage Act before the District Judge, Jind explaining the circumstances / difficulties. The District Judge/trial Court shall adhere to the provisions of Section 21-B of the Hindu Marriage Act and make an earnest endeavour to conclude the proceedings by giving short dates to both the parties. Link: https://indiankanoon.org/doc/102062467/ 2. Ashok Kumar Kanaujjia [U/Art. 227] vs Additional Principal Judge,Family Court. The grievance of the petitioner was that the Suit before the Additional Principal Judge was pending since 12.2.2009. The case was fixed on several occasions, but in spite of notice, respondent no.2 was not filing written statement and was deliberately delaying the proceedings. Link: https://indiankanoon.org/doc/1486664/ 3. Darshan Lal Bajalia vs Suman. It was contended that in view of provisions of Section 21-B of the Act, it is incumbent on the Courts to conclude the trial of the divorce petition within six months of the service of the notice of the petition on the respondent. Link: https://indiankanoon.org/doc/360962/

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Adv. Manish Acharya

Andheri , Mumbai

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