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Author Topic: My brother file divorce on adultery. She filed conjugal rights. Now they request  (Read 76 times)

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Offline Rajesh Sethi

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Hi,

My brother married a girl in Sep'17.

After few months, he found objectionable contents about her past life from laptop. She was continuing that post marriage also. Her partners frequented their place in the name of friendship.

Based on this and evidences collected, he filed case in court for divorce on adultery. Only IA petition was accepted since 1 year of wedding did not lapse.

Meanwhile, she filed restitution of conjugal rights. This case was assigned CNR.

Both cases are happening without any progress.

Now, the girl approached my brother's advocate and demands 10L as compensation. She also threatened to drag my brother and our family for domestic violence, cruelty, dowry harassment, etc. which never happened.

If given 10L, she says she will accept mutual divorce.

My brother's advocate advises referring the matter to Lok Adalat for settling the matters amicably.

They also say adultery is difficult to prove and the matter will drag for years together.

Our family is shattered now.

Is going to Lok Adalat a suitable solution??? Please suggest the right way to move.

Regards,
Rajesh Sethi

Offline kalaskarkk

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Dear Sir,
The High Courts have issued circulars and also the enactment impress upon the judges to dispose the cases as earlier as possible and outer limit for disposal of each category of place is given as below:
Get a time bound order from High Court and see that adultery cases disposed on priority basis by which your brother will get divorce on that ground.

Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.


It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.


Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
« Last Edit: Today at 10:02:36 PM by admin »
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification


 

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