G&w act
Avinash
(Querist) 02 August 2013
This query is : Resolved
Respected Sir/ Madam,
I have filed for Custody of my Son in the Family Court. The Case is Pending for the Respondent Evidence and Cross Examination. To Consider my Evidence and Cross Examination the opposite advocate and the Respondent took 7 months to complete by giving one or the other reasons.Now as she needs to appear to the court for Evidence and Cross She is failing to appear and wasting the time of the Court. Is there any Citations/ Amendments, notice from SC stating that G&W case should be closed by 3 months or 6 Months.It will be of great help from you if any of you can help as mentioned above so that i can produce the papers for faster judgement.
Regards,
Avinash
Advocate M.Bhadra
(Expert) 02 August 2013
You can approach to the court through your lawyer to fixed up a date for ex-parte hearing,failing which you can file a revision Petition in High Court under art.227 of the Indian Constitution for speedy disposal of the case.But High Court may not interfare the procedure of the lower court.
Bombay High Court
Ashok Shamjibhai Dharod vs Mrs. Neeta Ashok Dharode & Anr. on 29 November, 2000
Equivalent citations: AIR 2001 Bom 142, 2001 (2) BomCR 502, II (2001) DMC 48
Author: V Daga
Bench: V Daga
In my view, the view taken by the Court below in the impugned order, is one of the possible views and the discretion exercised by it is reasonable and the same has been exercised after taking into account all the relevant facts and circumstances brought on record. Consequently, the discretion exercised by the Family Court needs no interference at the hands of this Court, especially, in writ jurisdiction under Article 227 of the Constitution of India.
In the circumstances, for the reasons stated hereinabove, petition is dismissed. Rule is discharged with no order as to costs.
Dr J C Vashista
(Expert) 03 August 2013
Let your counsel request the court to complete the evidence without giving any other opportunity and close RE
Avinash
(Querist) 03 August 2013
Dear Mr.Bandra and Mr. Vashista,
My Advocate is requesting for the shorter dates and even respected Judge gives the date. she is coming with some unthinkable requests for dates. As i heard that SC judgement says to close the G&W case in 30 days which would be helpful for me to Produce as Citation to the Court.
Nadeem Qureshi
(Expert) 03 August 2013
search through google or contact a lawyer personally
prabhakar singh
(Expert) 03 August 2013
All you heard is about reads"Rule 922. Time Limitations. All child custody proceedings under this rule in the trial court shall be resolved within 18 months from the date of service of the petition or complaint to final order. In the event this time limit is not met, the trial court shall make written findings as to the reason(s) for the delay. The 18-month time limit shall not apply if the parties, including the attorney presenting the child, the guardian ad litem or the child representative, agree in writing and the trial court makes a written finding that the extension of time is for good cause shown. In the event the parties do not agree, the court may consider whether an extension of time should be allowed for good cause shown. "
BUT FOR YOU IT WOULD NOT WORK AS THIS RULE IS NOT OF SUPREME COURT OF INDIA>
YOU ARE MISINFORMED ABOUT IT.
prabhakar singh
(Expert) 03 August 2013
The said rule is by the Illinois Supreme Court who adopted "900"series of rules.
