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1 month ago
My in-laws and my hus are torturing me for dowry and doing physical abuse so, i have filed DV case and dowry case and 498 case also in Bangalore before 6 months only. But still notice is not received by respondents.
And 20 days back my hus filed divorce case under sec 13ia in home town.
Now what we have to do because we have already filed for torturing before only. So how we need to proceed ?
A.Dear Client,
As per Section 19(ii) of the Hindu Marriage Act, 1955, in a contested divorce, the petitioner (husband) must file the petition in the court where the respondent (wife) resides. Speedy trial is considered a fundamental right under Article 21 of the Indian Constitution. If denied, one can approach the High Court under Article 226. To expedite the trial, an application can be submitted to transfer the case to a Fast Track Court or Lok Adalat, stating reasons. If the court denies the application, a petition can be filed under Article 226 before the High Court for early hearing. Additionally, the consolidation of all related matrimonial dispute cases can be requested in the trial court.As per Section 19(ii) of the Hindu Marriage Act, 1955, in a contested divorce, the petitioner (husband) must file the petition in the court where the respondent (wife) resides. Speedy trial is considered a fundamental right under Article 21 of the Indian Constitution. If denied, one can approach the High Court under Article 226. To expedite the trial, an application can be submitted to transfer the case to a Fast Track Court or Lok Adalat, stating reasons. If the court denies the application, a petition can be filed under Article 226 before the High Court for early hearing. Additionally, the consolidation of all related matrimonial dispute cases can be requested in the trial court.
As per Section 19(ii) of the Hindu Marriage Act, 1955, in a contested divorce, the petitioner (husband) must file the petition in the court where the respondent (wife) resides. Speedy trial is considered a fundamental right under Article 21 of the Indian Constitution. If denied, one can approach the High Court under Article 226. To expedite the trial, an application can be submitted to transfer the case to a Fast Track Court or Lok Adalat, stating reasons. If the court denies the application, a petition can be filed under Article 226 before the High Court for early hearing. Additionally, the consolidation of all related matrimonial dispute cases can be requested in the trial court.As per Section 19(ii) of the Hindu Marriage Act, 1955, in a contested divorce, the petitioner (husband) must file the petition in the court where the respondent (wife) resides. Speedy trial is considered a fundamental right under Article 21 of the Indian Constitution. If denied, one can approach the High Court under Article 226. To expedite the trial, an application can be submitted to transfer the case to a Fast Track Court or Lok Adalat, stating reasons. If the court denies the application, a petition can be filed under Article 226 before the High Court for early hearing. Additionally, the consolidation of all related matrimonial dispute cases can be requested in the trial court.
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A.Dear Client,
According to Clause (ii) of Section 19 of the Hindu Marriage Act, 1955, in a Contested/one-sided Divorce, if a Husband (Petitioner) files a Divorce Petition, then he would be required to file it before a Court where the Wife (Respondent) resides. So, considering the above proposition of law, the husband has to file a divorce petition where the wife presently resides. Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution of India and any party to a litigation who is denied this right of speedy trial is entitled to approach the high court under Article 226 of the Constitution of India. You can put up an application before the trial Court praying for the transfer of your DV case to a Fast Track Court or Lok Adalat for a speedy trial by expressing the reasons/causes in the application. If the court does not allow your application, then, file a petition under Article 226 of the Constitution before the High Court praying for a direction to the court below wherein your DV case is pending for early hearing and disposal of the case. Apart from this, in the present scenario, you can apply to the trial Court praying for the clubbing of all connected cases between the parties arising out of matrimonial disputes.
According to Clause (ii) of Section 19 of the Hindu Marriage Act, 1955, in a Contested/one-sided Divorce, if a Husband (Petitioner) files a Divorce Petition, then he would be required to file it before a Court where the Wife (Respondent) resides. So, considering the above proposition of law, the husband has to file a divorce petition where the wife presently resides. Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution of India and any party to a litigation who is denied this right of speedy trial is entitled to approach the high court under Article 226 of the Constitution of India. You can put up an application before the trial Court praying for the transfer of your DV case to a Fast Track Court or Lok Adalat for a speedy trial by expressing the reasons/causes in the application. If the court does not allow your application, then, file a petition under Article 226 of the Constitution before the High Court praying for a direction to the court below wherein your DV case is pending for early hearing and disposal of the case. Apart from this, in the present scenario, you can apply to the trial Court praying for the clubbing of all connected cases between the parties arising out of matrimonial disputes.
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