Finance, Forex and Investments

What to do for unnecessary adjournments in divorce case in court?

I have been having a series of false criminal cases(dowry,domestic violence,etc) on me & my family. These have been filed by my wife to meet her ulterior motives. I sincerely been attending the cases. When the hour of truth came for evidence & cross examinations. The wife family has been skipping dates and irregular to court. It is not that they become completely absent. But they are simply dragging the case to give me mental,financial harassment. The legal system to seems to support such people. Now its already 4 yrs. The cases are moving at snail pace. Fed up of such happenings, i decided that there is no more Martial harmony and filed a divorce case at my city. But the cunning wife/counsel pleaded transfer of case for usual silly reasons like - lady doing far journey to attend cases, finance problem, our family is notorious and life threat,etc. We do not have any children out of this marriage. I am a doctor by profession, hence we(my family) stay away from any nefarious activities as alleged by wife in her transfer petition of divorce case. In spite of this, she succeeded in getting transfer to her city 350 kms away. The high court gave transfer of divorce case to her own city under the condition that the case should be decided within 2 yrs maximum. But the wife has not been attending the case even at her own city. This has left me under severe financial constraint, more of mental harrassment too. Since i have to attend not only this divorce case, but also a couple of other false cases filed by her.In reality, she(wife) has been seeking adjournments on one reason or the other- quoting wife counsel absent, or herself absent due to fever,etc, sometimes both wife & her counsel become absent,etc,etc. The sitting judge is only too happy to give adjournments on all these reasons. I tried my best to convince judge by my submissions to not give any more adjournments and delay the proceedings condoning the acts of the wife. But my pleas have fallen on deaf ears. Presently my case is in one of the family courts at Bangalore, India. And the period of 1 yr and 7 months have passed with not even an inch of improvement in divorce case. Its still at square one. I am frustated by the indian legal system where innocents are harressed for no fault of them. I also contemplated committing suicide too. Can anyone here help me, what to do in such situation? How do i convince the judge? Can any action be taken on the judge? How to go about the case? Can i complain against the judge? where? My legal counsel is not advising me in this matter instead discourages me lest we incur the wrath of the judge. I partly agree with Mr vijay, My lawyer had made sincere attempt of getting us live together. But the wife party along with her family (father) and her advocate went on filing one case on another to get me more harrassment. I had made up my mind at that time to take her back...,but this series of cases filed by her made wary of me to take her back. I decided on divorce, of course mutual as mentioned by u. Even to this proposal, they are not ready to come to the mediation. Though my mind tells not to give her a single paisa for all the criminal cases on me by her. But she never ever comes to mediation even. She is not sure whether to live with me or not. Her only ambition seems to harrass me/my family till death. Now what can i do with such a female?? Mutual consent divorce was adviced by a reputed high court judge in bangalore taking personal interest on auspicious ugadi. But the wife never seems to understand the future. The attempt of mutual consent divorce on sensing more trouble in marriage was made by high court judge previous year.

Public Comments

1. Listen to your lawyer. No body promised you that the legal process is quick, friendly, or convenient. If one of the attorneys is absent, do you expect the judge to conduct the proceedings anyway? Ooops! These comments address US system
2. Problem lies with both your counsels as both are interested in their daily bread than welfare of both of you. A sensible lawyer would have made you two sit across the table made the issues like alimony, property etc amicably clarified and settled between both. Had taken you to family court with petition by mutual consent jointly signed, got joint statement made and signed during two motions and got you decree of divorce in your hands. Now this all had been done in almost one fourth amount one of you paid to your individual lawyer for the whole case, than how can you expect any thing better from these two legal luminaries. In the Family court you need not take help of a lawyer and can speak to the judge directly about your case. The Family Court Act,1985 under which Family Courts have been formed clearly provide that parties cannot seek legal representation as a matter of right and it is entirely the discreation of the Family judge to allow this. The time which is wasted by these two lawyers in court room can be avoided if your tell the presiding family court officer the trouble you are facing with the slow speed of the progress in the case proceedings, you can tell the officer that you are prepared for compromise for divorce by mutual consent and ready to pay reasonable financial compensation to the wife for this settlement. I'm sure the family judge will consider this request and ask the other party to come for the settlement in a reasonable manner and quote the reasonable amount of financial compensation they are ready for the ultimate solution in the form of divorce. They should be given short date for this consideration and let the wife be present in person on next date who can be asked directly by the judge her point of view on this issue rather her counsel or someone else doing so in the court on her behalf. Now this the way you should go about rather going the way both your silly lawyers are taking you for ride in the Family Court.