Evidences not being heard on every date
Dr. Shekhar
(Querist) 26 August 2015
This query is : Resolved
I wanted to discuss the harassment in one matrimonial case which is though ordered exparte and for exparte evidences on next date. But still the ex parte evidences are not being heard on next date by the judge. Reason they give that they have 100 cases today and so the case is being adjourned continuously to next date.
Kindly help as to what is the best to do in such case.
SAINATH DEVALLA
(Expert) 26 August 2015
U can't find fault with the conduct of the court.It is true that 1000's of cases are piled up in every lower and sessions court.But U can file a memo in the court to expedite the matter.
Dr. Shekhar
(Querist) 26 August 2015
But then why the court is giving date and wasting time of both and is it not mockery of the justice in our country. And reason because the people accept and say its justified. ? Kindly advise under which section or civil procedure code can this memo be filed?
M/s. Y-not legal services
(Expert) 27 August 2015
if the matter is very urgency mean you may approach your high court for speedy disposal
Dr. Shekhar
(Querist) 27 August 2015
Thanks for a reply giving great relief and hope. You said to apply to HC but under which sec/prov.?
Secondly in addition to HC cannot we apply to Judicial Branch of the District court where the Family court is and which deals with complaint against Judicial Officers (DHJS & DJS)? Since as mentioned in the citizen charter of the court?
Rajendra K Goyal
(Expert) 30 August 2015
Courts have their schedule, priorities and limitations within set procedure. The courts have to balance among most,less or least priorities.
Civil cases are of least priorities.
Thousands of cases are pending in each court and court has to manage as per its procedure.
You may not waste your time and have follow up with your lawyer, visit the court when required.
May move to high court to expedite. District court complaint does not serve the purpose.
