Supreme Court or Family Court: Best Route for Final Relief?
1 Answer
Dear Client,
In view of the lengthy nature of the litigation process and the presence of multiple pending cases, the best option for bringing the matter to closure would be to settle it through comprehensive settlement of all matrimonial, maintenance and criminal proceedings and thereafter proceeding to mutual consent divorce with withdrawal/quashing of the other cases. In case settlement is not an option, you may consider filing of applications seeking quick disposal of the pending matters before the respective courts, considering that there has been a near decade-long pendency of the matter. Based on the stage of pending matters, it would also be possible to seek consolidation or concurrent hearing of the matrimonial cases to avoid any duplication or delay. Considering that the matter of appeal in 498A case, maintenance proceedings, divorce proceedings and HMA 24 application have reached different stages, it will be necessary to conduct a thorough examination of the case file to chart out the appropriate course of action. The emphasis should ideally be on securing early disposal of the matrimonial proceedings, as final disposal of the same would enable narrowing down of the other contentious issues.
I hope this helps and if you have any further issues do not hesitate to contact us.