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sun shine (edu)     11 July 2010

judge absent

Dear esteemed lawyers

i have filed for restitution of conjugal rights in orissa.

the case is is prolonging because the judge has been absent 3 times.

what can i do?



Learning

 8 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     11 July 2010

What is the reason for his remaining absent?

1 Like

sun shine (edu)     11 July 2010

do not know sir!

this has happened in one year


(Guest)

Some thoughts;

It seems if Ld. Judge was absent in your case for 3 years till date and the case is 1 year old and you guys have done nothign about it then do following;


1. Apply for certified copy of all Orders till date including process service report of process upon other party. .


2. If next date of hearing is after some months away then file an Urgency hearing application citing last 3 ates of hearing absence of Ld. PO (Judge) and ask for urgency hearing the matter as you can't be asked to live just like that being an husband.  [I mean to say if it has taken 1 yr just for a Ld. Judge to hearing first motion then what will be the fate of decree if any]


By simply trusting present Advocates a litigant can't be asked to remain in limbo for no fault of his. In your que. you are not even aware if process service upon your wife has even be effected or not in 1 year ! Ask present Adv. to handover back your file. Now, hire another Advocate and ask him to file urgency hearing application immediately if NDOH is months away and check on process service also.

Rgds.

 

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 July 2010

file a revision case before High Court for early disposal of the case

Arup (UNEMPLOYED)     12 July 2010

bring the matter before the chief justice of that court, in writting with ref to the old one.

going hc will be costlier and a fresh case to be done.

1 Like

Daksh (Student)     12 July 2010

Dear All,

I concur with Mr.Arup Kumar Gupta.

Best Regards

Daksh

1 Like

sun shine (edu)     12 July 2010

I do not know why he is absent. after taking all the trouble to travel 2 hours by bus, when i reach the court, i hear the judge is absent.

Arup (UNEMPLOYED)     12 July 2010

get the certified copy of the proceedings and attach in yr petition.

1 Like

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