Gurdianship
Shital bafna
(Querist) 27 September 2010
This query is : Resolved
I Am maternal uncle contending case for gurdianship of two orphan children (my 11 yrs old niece and 7 yrs nephew)agianst paternal grandma of both childern who never taken care of the childern when they wee hospitilised for long period after accident .In which their both mom and dad means my Sister and brother in law died.initially i was applicant in 2008 and filed Misc.C.A.under Gurdian and wards act under section 7,8,10 in district court and won the case against them. They Appealed in High court in mar 2009 matter finaly remitted back to district court to proceed freshlly in may 2010 (As they ptovided false evidence).now Matter is in District court and in final stage of Arguments and the result is likelly and correctly will be going with me.(As there is no document,evidence and proof with them as she had done nothing for childern).So now to just for Harrasement Opposite party i.e. Paternal grndma file one more Civil M.C.A.Agianst me for gurdianship of childern under gurdian and ward act usuing section 25 in same court.hence In Short case is initially i was applicant she was opposite now In recent MCA she was applicant and i am opposite.So how on same Matter two cases can be filed between two same parties it is not correct as per expert under CPC 10(Stay of suit)Still same judge registered second MCA and issued noticewhile first MCA in force.Anything can happen in indian district court so what should i do now to intimate related judge means particular district court and stay the recent incorrect registerd MCA. please give opinion is my view correct and what next i should do?
Daksh
(Expert) 28 September 2010
Dear Shitl,
In your reply you can take the plea of estopple.
regards
Daksh
Uma parameswaran
(Expert) 28 September 2010
Through counter you can bring the notice of the court .
Shital bafna
(Querist) 28 September 2010
Through counter u can bring the notice of court means?is that meanthat second Civil M.A filed is correct?
