Naresh (In search of job) 11 November 2010

Is it a good idea to write a letter to family court judge

Dear Members and lawyers,

My divorce case has been running for the past 4 years with no progress!!! It has come to the cross examination stage, but each time the other party is taking dates and the next date comes after a month, due to which I am emotionally feeling drained out.

I don't know how to tell the judge to give short dates and finish it off quickly in the open court as no body is dared to talk to him as far as I see in the court.

So is it a good idea, to write him a letter, mentioning the case no. to speed up my trial? Will it work? or will it backfire and have the risk of adverse order later?

Please suggest and share your experiences?

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3 Replies

Tajobsindia (Senior Partner ) 11 November 2010

@ Author

1. If it is filed before Family Court established under FCA in the jurisdiction District under Ordinary Civil Court then file a Writ before HC and pray only for speedy disposal of Suit in time bound fashion say in 3 months with daily hearing.

2. All you have to do is to make a Chart of proceedings and what happened and Annex all the Daily Order and plead in person as there is no major Law points worth here that warrants a Adv. before DB at HC since it may be a FC Suit at lower Court (preassuming so to be)

3. Approach any Petition Writer in HC they have readymade draft of Writ just need filling up synopsis of case, time line and facts and a simple one line prayer.

You will succeed.

BTW, have the maint. payment been uptodated ! Abv. Suggestion is based on treating you as Petitioning Husband in the narrated mini facts if factual situation is different then do state them correctly; like who is petitioner and who is respondent in Divorce Suit.

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M.Iqbal Khan Advocate (CEO) 11 November 2010

Yes tajobsindia has correctly advised you. it is not good that you write letter to judge. the judge will annoy/

you can file the petition in the High Court seeking the fast trial as the court has not decide within the specific period.

Kiran Kumar (Lawyer) 11 November 2010

better approach HC for expediting the trial in your case, the HC may direct for the disposal of the matter in a time bound manner.

on a particular judgment all the HCs have adopted certain 'Case Flow Management Rules', seek help of your local lawyer to find the process required in your state.

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