Decision reserved for more than 9 months
Sumit
(Querist) 25 July 2017
This query is : Resolved
Dear Sir,
I have filed divorce case in district court, under section 13 in November 2015 and then my wife filed Interim maintenance application under sec 24 in May 2016. My wife intention is to delay case as long as possible. Arguments on sec 24 held in November 2016 (both parties submitted proof documents) and we were expecting maintenance order in December 2016. But decision has been reserved and adjourned by court seven times citing reason as “Arg. not advanced” so that next date is in August 2017. Each time my advocate appears in court on date and he has been told to come after 2 PM (mostly order comes after 2 PM) but get another date instead of order. When I questioned my advocate why court is citing wrong reason that “Arg. not advanced”, whereas in actual arguments happened in Nov’2016, then my advocate answered that it is normal practice that judge don’t take ownership of the delay in decision at their end. If we argue with judge she may give unfavorable decision in sec 24 and also sec 13. Also it could be harmful in other cases of the advocate. Also judge can ask to repeat arguments citing reason that some shortcoming in previous one held in Nov’16. Also my advocate told that my wife will get maintenance from date of filing application i.e. May 2016 (therefore no monetary loss for her) and she is able to achieve her objective of delaying the case. My quarries are:
(i) Is it really normal for courts to cite reason “Arg. Not advanced” instead of “Decision reserved”, so as to put liability on advocates instead of themselves. Aren’t they suppose to explain why Arguments not advancing if it is so.
(ii) I believe with passage of time (9 months) judge may be forgetting details of Arguments, then what could be the reason she is delaying the matter. Is judge has liberty to do so, when Supreme Court has given guideline to complete interim maintenance case in 6 months (here 15 months) and judge can’t reserve decision for more than 50 days (here 9 months, out of 15 months).
(iii) Without involving my advocate, can I escalate the matter to judge or somewhere above district court? If yes, how can I prove that arguments completed 9 months back? Can someone question judge if Arguments not advancing, then why it is not advancing. If any advocate is not coming then court should do ex-party decision against him.
Please help what should be my best course of action.
P. Venu
(Expert) 25 July 2017
You can move the High Court under Article 227 to expedite the decision. But such an action may involve some expense and has some inherent constraints.
Dr J C Vashista
(Expert) 25 July 2017
The Court takes its own time and course of action, it is discretion of the Court.
However, are you attending each and every proceeding? If so, do you listen dictations of the Presiding Officer to his/her steno?
The Court (generally) shall be fair in mentioning order sheet of the proceeding.
