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Shyam (Field Supervisor)     01 March 2013

Appeal pending in high court for more than year

I got divorce decree in lower court after fighting it for two years. Opposite party filed petition in High Court. Petition was accepted, stay not given, but final hearing pending for more than a year now. Two urgency application has not done much. In fact no divorce judgments came thr this court for the last 2 years, except the withdrawals and mutuals. Is there any way to make any request to Supreme court for speedy judgment, or is it possible to transfer the case to other high courts?


 4 Replies

Adv. Chandrasekhar (Advocate)     01 March 2013

Justice delayed is justice denied.  Indian judicial system instead of taking measures to adjudicate the cases by appointing more judges and refusing the adjournments on flimsy grounds etc.  and promote the rule of law, but find various means to scuttle the law by inventing Alternative Disputes Redressal system, conciliation, mediation and what not.  Your agony and anguish is understandable.  But it is difficult to get your case transferred to some other High Court  and "some other High Courts" are also suffering from the same maladies.  What I suggest to you is, to move one more urgent application and also referring the earlier urgent application, which were rejected and get an order.  If, this application is allowed, it is well and good.  If not, take the order on this application and move the Supreme Court under SLP  seeking the direction to the High Court for timebound disposal of appeal lying in the High Court.  Also, in this application, bring the pathetic situation prevailing in High Court.

2 Like

Shyam (Field Supervisor)     01 March 2013

Thanks a lot for the understanding and suggestions. You are right, after rigorously going thr the whole process in lower court for two years, what is the point of calling for 'Lok Adalat' by the HC? I went, but the opp party didnt appear. I am an NRI, and the oop party is making all arrangements to delay the process. And she is getting cooperation from the prevailing system.

The problem with this court is, upon accepting my urgent application, date was set for final hearing, and every day my date for final hearing is listed, but the case is not taken up because it is in number more than 60 or so, where, only max. 10 cases are taken up every day. So the case never comes up for hearing. Onother similar case is being listed for final hearing, daily, for the last six months! In camparison, my case is being listed for last two months!  

Msk-need -nuetral- laws (self)     01 March 2013

Why should one respect such courts and laws who dont care affected person and not delivering justice but shouting justice delayed is denied.

Root cause for all democracy filaures start from inefficient judiciary

1 Like

rajiv_lodha (zz)     01 March 2013

HCs are appeallate courts, whats the fun of sending the parties to lok adalats. There is no inbuilt system in courts to scrutinize their work periodically & punish those judges who cause delays & clog the system with pending cases. SC has told that there are more than 3 crore pnding cases.....all thanx to these type of judges who find lok-adalat way for such appeal matters!

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