Child custody :abnormal delay - right of speedy trial

Suraj Kumar (Querist) 16 December 2023 This query is : Resolved
Sir,
I have filed custody case for my son almost two years back. Interim custody & visitation rights are also prayed. The opposite party are repeatedly praying time, in spite of my objection court granting time. Total nine dates passed, but court did not pass any order even visitation right in spite of repeated prayer without any reason.

My son's vaccination is also stopped without any reason.

As on date my son is aged about seven years but he never goes to any school. In spite of written prayer for admission to school at my cost the court refused and the judge has verbally stated that school is not at all necessary at seven years old child.

Being anxious of such judicial system for the welfare of my son may I approach high court and pray followings:
1) to allow visitation right on next date of hearing.
2) to direct immediate admission to school as per my status.
3) to ensure vaccination & submit vaccination records.
4) immediately pass custody order considering above.

Please guide & help me for welfare of my son.

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Quick Summary

This discussion addresses significant delays in a child custody case, where interim custody, visitation, and schooling for a seven-year-old have been pending for two years. Despite repeated requests and objections, the trial court has granted adjournments without issuing any orders. The user is seeking guidance on approaching the High Court to ensure visitation rights, immediate school admission, vaccination, and a swift custody order, given the detrimental impact on their son's welfare.

T. Kalaiselvan, Advocate (Expert) 17 December 2023
You cannot repeat the prayers before high court in a petition seeking an expeditious trial of the case before the trial court.
If the trial court has dismissed your petition then you can prefer an appeal against all those grievances.

Suraj Kumar (Querist) 17 December 2023
Trial court didn't pass any order in spite of hearing of petition.

kavksatyanarayana (Expert) 17 December 2023
Pray the court for speedy disposable of the case and you can move HC for early disposable of the case in the lower court.

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