Abdul Basit (Block Officer) 04 January 2013

Taking leave of the court from hearing date

Altaf a self-pleading defendant father has to appear in the case of the guardianship and interim custody of the minor son, 8 yrs. old , on a date fixed for next hearing alongwith the minor, who resides with him in his custody.

The Petitioner, mother of the minor seeks guardianship and custody of the minor while living in a room in the same house in spite of having got divorced 3+1/2yrs. Back. On the one hand she has wilfully concealed the divorce and post-divorce events from the Court but on the other hand she had registered with a Marriage Counselling Cell, one month prior to registering for child's custody in the last week of January last. The Defendant who has to proceed outside the state will, however, not be available on the next hearing and hence wants to take leave of the Court. How to take such leave of the Court from next hearing.

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Tajobsindia (Senior Partner ) 04 January 2013

1. By post Regd. A/D send Adjournment Application for the date to the concerned Court with CC to District Judge Office mentioning case no. / parties name on top of the envelop as well as in the body of the Adjournment Application + also mention at top right hand side of the text body last and next date of hearing citing "genuine reasons as well as state in body text from which date he will be made available himself to ld. Court" and thus party is seeking Adjournment for the same as prayer.

2. If he has more concerns on para 1 opinion then send Phonogram from Indian Posts with True copy sought from Post Office of Adjournment Application complete text sent as Phonogram to show to Court in case any adverse Order is passed and set aside the same later.

OR alternate is to send a friend of P-I-P on date fixed along with Adjournment Application and this friend of P-I-P should state his relationship with P-I-P and handover Adjournment Application to ld. Judge and Copy to Respondent / mother which is another option. The advantage here following this method is that this friend to P-I-P can hear clearly the next date fixed as well as can recall the days oral Order to tell to P-I-P in this query otherwise in Para 1 method once P-I-P is back in town he has to go to concerned Court and check with Court Clerk about next date of hearing.

However for P-I-P para 1 is sufficient reason even Hon'ble SC allows such adjournment methods of P-I-P !