Petition for early disposal of case pending at fc
sowmya
(Querist) 07 August 2011
This query is : Resolved
Respected Learned Members of this Forum
Can you provide me insight on the subject mentioned.
I want to expedite the proceedings in relation to my pending case at the FC
What is the procedure?
I understand that a petition seeking direction from the HC has to be obtained in this regard.
Can you please mention me the relevant sections?
Also, is there any specific format for such a petition?
Further, in relation to such petition being presented to the HC, how favorable is it to the petitioner who is seeking early disposal of an pending case and how long does it take with the HC to pass orders for the same?
I am fighting to get back my marital life..
Please provide me your valuable advise
Thanks
Sowmya
ajay sethi
(Expert) 07 August 2011
1) what are the reasons why you are seaking early hearing of the case .
2) number of cases pending for many years .
3) court wont expedite your case unless you have valid grounds
Advocate. Arunagiri
(Expert) 07 August 2011
Give details of your pending case, based on this we can advise you.
Raj Kumar Makkad
(Expert) 07 August 2011
Generally family courts are deciding cases at war level and only 2-3 years time is spent these days to decide the contestant case filed in that court. So better you persue your case effectively there instead of moving here and there. Will you share with us the status of your case?
sowmya
(Querist) 07 August 2011
Firstly , Many thanks experts.
Status of my case :
Petitioner (Husband) filed case in November2009 u/s 14 of HMA seeking permission from the courts to file main OP for dissolution of marriage u/s 13 (grounds:cruelty - all flimsy and subjective reasons - which cannot be proved and which are also fake)
CASE filed by husband when marriage was only 5months and 20 days
Wife (myself) was pregnant - 3.5 months pregnancy
presently - having a baby of 1year and 4 months
I am Party in Person and wish to continue so for personal reasons.
Case 1st Hearing January2010
Previous Hearing - August2011
Total Nr of Hearings 18 (so far)
From January 2010 - August2010 (counselling sessions - normal / general and special psyciataric counselling)
September 2011 - Main OP Numbered as IA filed in November2009 - became infructuous due to lapse of time
January 2011 - Respondent WIFE (myself) submitted Counter Affidavit to OP (denying all allegations with suitable evidences - over 50 (all factual and documental) and asking the honourable court to dismiss the case of the petitioner and restore marital life)
Since February 2011 - adjournment
Petitioner Husband not able to submit proof affidavit
Last Hearing in August 2011 - petitioner husband has presented a petition to the court to ask for submitting a REPLY COUNTER AFFIDAVIT rather than proof affidavit
I am ready for enquiry and show my proofs
And ready to cross examine too
but case is dragging on unduly for no reason at all (no valid reason)
This is the status of my case
I want to speed the proceedings because
It is fake and was brought to the court when my husband was in mental shock - i have proof for the same ( a written letter of my husband)
secondly, i have a baby who is suffering from heart problem and i need to concentrate on his heath
he has to undergo a surgery after 2 years of age
It is mentally agonising me
My in laws and their relatives are the main persons involved in this conspiracy
I want to prove it and want to restore my marital life
Again i dont want to create allegations on anyone but want the honourable judge and the court to advise all the wrong doers and save our marital life in the best interests of our child
Thanks Experts..
Awaiting response..
M/s. Y-not legal services
(Expert) 08 August 2011
Thats nice for your cooperation by adding sufficient details expected by experts. You have to approach our hon'ble high court by filing a crp. I mean for expedite trial by framing time for dispose your case.. But my advise to you as in person before high court its will not be good for you. Just appoint an advocate. Go through your query reply. Our senior mr.arunagiri from chennai only. Just contact him. He will take care your case regard high court matter.
