Delay tactics in child custody case

ks (Querist) 30 September 2016 This query is : Resolved
My cousin filed child custody case and Interim application for visiting rights for his child. But his own lawyer didn't remain present on the first hearing.

1) Suppose in the 2nd hearing also same thing happen, can my cousin request Judge to proceed in absence of his own lawyer ? ( Or Judge will discourage such request ?)

2) If respondent remain absent, how to get ex-parte order or prepone the hearing date ? Its already 4 months of application.

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Devajyoti Barman (Expert) 30 September 2016
1. Well, if an advocate is there on record then court does not listed to the party in person. Rely on sincerity of your advocate. if you can not then engage another advocate.
2. Court does not fix a suit ex parte after one of two days of absence. have patience. Court will fix for the same if the absence is repetitive.

Raj Kumar Makkad (Expert) 30 September 2016
Months have nothing to do with the proceeding of the case. A lawyer is expected to be present at the time of hearing of his case so better to ensure his presence by personally meeting him.

If the respondent despite of service has not come present, the court may proceed him ex-parte on the insistence of lawyer for the petitioner.

Ms.Usha Kapoor (Expert) 01 October 2016
Agree with Mr.Makkad.

Rajendra K Goyal (Expert) 01 October 2016
Agree with the expert Devajyoti Barman.

ks (Querist) 01 October 2016
If respondent doesn't file reply within 90 days of Application, can he insist Judge to reject Exhibit-1(Main Application) and Exhibit -5 ( Application of Interim visiting rights), so that he can approach High Court ?

[ He got this advise from a person who is not a lawyer. So seeking your guidance]

By doing so, within how many days he can get order from High Court on his Interim application ?

Devajyoti Barman (Expert) 01 October 2016
iF THE RESPONDENT DOES NOT PAY THEN THE SUIT CAN BE FIXED EX PARTE AND COURT CAN PASS AS IT DEEMS FIT AND PROPER.

Raj Kumar Makkad (Expert) 01 October 2016
The period of 90 days is not mandatory rather it is directory and it can be got extended even up to 180 days in special circumstances o on written request.

ks (Querist) 02 October 2016
He can not wait till 180 days. Can anybody suggest fastest way ? When he asked his lawyer to approach HC under article 226, he said that HC will not entertain without proceeding to lower court.

He is having all evidence that child was regularly visiting his home earlier. This type of parental kidnapping has severely affected him mentally and very much depressed.

Raj Kumar Makkad (Expert) 02 October 2016
In that eventuality, insist to court to proceed the respondent ex-parte as the same is not appearing despite of having due service and thereafter finish the evidence in one hearing and thereafter argue and get the decree.