Any remedy: my case is dragging in family court
mrgop
(Querist) 07 April 2012
This query is : Resolved
I'm contesting the annulment case filed by wife on ground of my impotency, and I've also filed rcr from my side. Both cases are dragging in family court for last three years due to repeated mediation/counseling sessions,absence of judge,absence of petitioner etc. I've filed application for my potency test by medical board, and since then four dates has been passed without any developments due to petitioner's absence and last one and half months there was no sitting as the judges post is vacant. So, all are getting long dates.
As there is no chance for mutual divorce, I want to get my potency test done and finish the case as soon as possible.
So, please advise on how to speed up the case in such a situation?
If I file urgency petition(21B), can it help me in such a situation?
If yes, please suggest a good reason for urgency to be mentioned in 21B.
Can I transfer the case to district court?
My advocate told me that in most of the cases the urgency petition is not allowed and filing 21B is a waste of time.
I want to get my potency test done as soon as possible and also get rcr in my favor. Then wait for one year and file for divorce on ground desertion and mental cruelty to get out of this menace.
Please help.
ajay sethi
(Expert) 07 April 2012
if you have got dates on account of new judge having not been posted you have to wait till judge is appointed .
if petitioner is basent and you have got dates you can daw attention of the court to rozanma which would indicate repeated adjournments have been granted due to petitioner absence . insist on payment of costs ad last chance to petitioner .
judicial process takes time . there are no short cuts
Nadeem Qureshi
(Expert) 07 April 2012
Dear Mrgop
file a urgency application before the court, no need to worry, it is statutory provision and court consider the facts and circumstances of the case. if Family court is not ready to allow the application file an appeal in this regard before higher court.
feel free to call
Kiran Kumar
(Expert) 07 April 2012
need not to hesitate from filing such an application...
mrgop
(Querist) 07 April 2012
please suggest a good reason for urgency to be mentioned in 21B. Can I file urgency petition on ground that I'm looking for job in abroad and once I get one, it would be difficult to be present on hearing dates?
Shonee Kapoor
(Expert) 08 April 2012
It would cause great hardship to the parties.
It is impacting the career of the litigant
The litigant is suffering from some disease.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
