Child custody

Querist : Anonymous (Querist) 14 June 2023 This query is : Resolved
Hello Experts,

Please help me with below query with your expert advise.

I was a respondent in Child Custody case and 3 months back there was a IA order passed and need to challenge the said order in High Court but the concern is case/Main OP is in dismissed as default stage as petitioner was not attending the court hearings. How can we challenge the lower court order if the main OP is in dismissed as default stage.

Thanks & Regards
SA

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Quick Summary

A user is seeking advice on how to challenge an interim order in a child custody case after the main case was dismissed due to the petitioner's absence. Experts have advised that if the main case is dismissed and not restored, the interim orders and applications become invalid, meaning there's likely no need to challenge them separately.

T. Kalaiselvan, Advocate (Expert) 15 June 2023
If the main OP is dismissed then automatically the IAs and the interim orders become infructuous hence there's no necessity to challenge them anymore.

Dr. J C Vashista (Expert) 16 June 2023
Once the case has been dismissed in default and not restored to its original position, as per rules, there is no case against the respondent(s).
In that case, what do you intend to challenge before High Court ?

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