Expedite hearing order is from sessions or HC?

Housewife

Please let me know in a Domestic Violence case pending before the  ACJM Court ,where should one approach for an "Expedite Proceeding Order"? My lawyer says such order is given by Highcourt. I consulted a lawyer for second opinian  who said in DV Case District Judge has power to issue such an order .Thanks.

 
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Retired employee.

Then request your advocate to file such petition before District Judge.  Either the petition can be allowed or denied and there is no loss in making a sincere attempt


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N.A

Originally posted by : estranged wife
Please let me know in a Domestic Violence case pending before the  ACJM Court ,where should one approach for an "Expedite Proceeding Order"? My lawyer says such order is given by Highcourt. I consulted a lawyer for second opinian  who said in DV Case District Judge has power to issue such an order .Thanks.

 

Your lawyer in wrong. Trial court will issue exparte order against respondents


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Advocate

If there is an urgency, a urgency pettion can be moved and/or  the case can be got preponed for early hearing.  These applications are moved before the same the judge before whom the case is pending.  The only crietria is that the OP must be properly served and/or put on Notice about such a move.

There is nothing wrong in moving the DJ for appropriate orders, but it is not a good move and most advocates avoid moving such a applications for a variety of reasons. 

The High Court is offcourse the ultimate source of admnistrative control over lower judiciary, but to approach the HC you must have adequate reasons to seek an order to jump the que, though it is not unsusal.  

Advocates view will depend upon his standing in the legal fraternity, and how he views the urgency factor in the matter. 


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Both session court and high court has power in this regard.


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Business

Agree with Adv. AV Bagur.  The Trial Court must first be moved giving the reasons for the urgency. If trial Court declines, then file an appeal and move to the next Court. THat is the proper procedure which will be appreciated by the higher court(s).  Who knows, you may prevail in getting the urgency approved in the trial court itself!

That said, DV is a waste of time and energy.  Approach the Family Court to get appropriate relief. Consolidate all issues there.  DV Courts have limited jurisdiction.  DV cases generate a lot of sound and fury signifying nothing... I mean not much relief is given to the woman in the end. DV Act is good on paper. In reality it is all smoke. Multiplicity of litigations in different Courts play well in the hands of advocates. Be aware!


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Advocate

Agree with Samir N.  

Multiplicity of legal proceedings should be avoided.  A single properly drafterd and aggresively persued case is better than too many frivolous and amrphous cases. 


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Housewife

Sincere Thanks to all who responded to my query.

 

 
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