Strick out

Hi,
My wife started divorce last year under old law for unreasonable behaviour. The divorce is listed as a defended cause as of now because i am defending it. Please do ask go into why I am defending and her reasons does not stand up at all.
Now things has got a bit out of hand since she moved out of the MFH only 3 month ago.
I would like to know how I can get her petition divorce dismissed and put mu own petition on the new law. it will be more cost effective.
It looks like she's doing like an abuse of process and she does not know hoe to come out of this. She keeps contradicting herself on everything. Basically, Will it be possible to do this before the case management hearing?

Thank you

​The only grounds a Respondent has to dismiss a Petition are want of prosecution. This requires proof of an abuse of due process, and the threshold for this is significant. The leading authority on this is Icebird Ltd v Winegardner [2009] UKPC 24 and sets out that the person applying to dismiss must show that the lack of progress is a result of ‘intentional and contumelious’ amounting to an abuse of the Court. You may have a case to apply for want of prosecution, if you can prove the allegations that the petitioner made is a deliberate attempt to prevent you moving on. The Court won’t grant this on a whim, so formal statements will be required together with a fact find hearing, most likely last 1 day.

​The only grounds a Respondent has to dismiss a Petition are want of prosecution. This requires proof of an abuse of due process, and the threshold for this is significant. The leading authority on this is Icebird Ltd v Winegardner [2009] UKPC 24 and sets out that the person applying to dismiss must show that the lack of progress is a result of ‘intentional and contumelious’ amounting to an abuse of the Court. You may have a case to apply for want of prosecution, if you can prove the allegations that the petitioner made is a deliberate attempt to prevent you moving on. The Court won’t grant this on a whim, so formal statements will be required together with a fact find hearing, most likely last 1 day.

Than you for your reply.
When I filed my defence, my wife did not apply for Decree Nisi with her full statement, further to this when we received the order that the case was listed as a defended cause she did not even reply to the court to reject the order. And on top of this we continued living/doing things together for 15 months. She moved out of the MFH under the excuse that I was not contributing to anything in the house, which was a lie and demonstrated to her solicitor. Further accusations was made towards me to the mediator, then she stopped mediation. I intend to bring a case of defamation of character against her by putting my own petition. We have been given a case management hearing date in January in the family court.