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Apr 14, 2021 | Legal Advice

Too long hearing date in divorce case

Shivendra Pratap Singh

Advocate

Home | Advice | Legal Advice | Too long hearing date in divorce case

I have filed for a divorce against my wife on grounds of cruelty and desertion. She has left me more than 3 years ago and now has gone completely unerground. The court has issued summons to her last known address. But the next date for hearing is fixed after 3 months. How can I get this expedited ?

Question from: Karnataka

If she has received the summon of this case then the court has power to pass ex-parte order. The court can pass an ex-parte divorce case if it satisfies that there is a ground of divorce. You have to prove your case with relevant and cogent evidence. She has been deserting you without any good reason. This fact you should prove before the court. You can produce documentary and circumstantial evidence.

Till date, she has been ignoring to attend the court after receiving the summon. Thus, court should not give long hearing date in divorce case. Court can pass ex-parte decree only when it finds that summon has successfully served and she has time to attend the court. The court can presumed that summon has served if it did not return back or she has counter signed the summon. When she appointed an advocate to represent her then the it proves that she has received the summon.

Move an application to pass ex-parte decree

You should move an application before the court to decide the case as ex-parte. Generally court given three or four dates to the defendant for appearing before the court. The court gives a date for producing evidence if it finds that defendant is deliberately ignoring to appear in court. When the court lists your case for evidence, you should produce all evidence in support of your case. Then the court will pass an ex-parte decree.

Long hearing date in divorce case

Giving long hearing date does not matter if parties are appearing on each date. If the court does not move further and giving unnecessary adjournments then you should file a petition before the High Court under Article 227 of the Constitution of India. You can pray for expedite the hearing of case without unnecessary adjournments.

You should take certified copy of order sheet to prove that the subordinate court has given several adjournments. If court has given dates without any reason then the High Court will presume that adjournments are unnecessary. The High Court will fix a time period to decide the case. That time duration will no longer than six months. If case is pending for more than three years for want of written statement of defendant then court may give any shorter time.

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