Delay in judicial proceedings has become the norm. Unfortunate. But, it is a harsh reality in India. More than 3 crore cases are pending in Indian courts. There are cases which remain pending in one court itself for decades; and, then there is time taken in multiple appeals.
One can only sympathize with your situation. Some possible solutions could be: (1) to request the court to expedite the divorce case by mentioning the grounds that you have mentioned in this question; (2) if need be, to approach the high court to direct the lower court to decide the case in a time-bound manner; (3) to arrive at some sort of compromise with your wife (if necessary, by giving her some monetary or other compensation) so that she does not oppose the divorce or she agrees for a mutual consent divorce.
In the absence of a divorce decree from the court, it is not legally possible for you to marry again. And, of course, it is true that if your wife continues to oppose the divorce petition, and if you win in the first court, then there is a likelihood of her challenging that decision in the higher courts which may take some more years (unless you can convince her not to do so, by way of some compromise or mutual understanding arrived at between the two of you).
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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