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Chandra (owner)     16 May 2013

Interim custody order in box

Dear Experts,

Arguments are over for I.A under GWA for interim custody of my child. The judge said it is in the box, when we requested for the order. He said he would look into it at convenient time. nearly a week passed but not progress. Now he is gone on Summer vacation and will return only in the first week of June. Please suggest me means and ways to expedite the process to get the order ASAP as i have to get my son admission in a reputed school for which there is test to be conducted on 1st June itself. Thanks in advance for your time and attention.



Learning

 3 Replies

Tajobsindia (Senior Partner )     16 May 2013

1.       If it is a holding by APJ then approach PJ (assuming GWA filed in FC formed as per Rules under Family Court Act, 1984).

2.       If above is not correct and Order is kept reserved by a PJ then approach Hon’ble State HC via filing Urgency Application for interim direction on child’s ‘school admission’ citing great irreversible damage to education r/w welfare of child may cause if trial Court Order is kept reserved till vacation ending as school admission are currently going on till such and such date.

3.       If still above para is not found correct and Order is reserved by a ld. civil Judge of a Ordinary Civil Court then approach vacation ld. DJ and pray for trial Court file pull up and prayer for interim Order on ‘school admission’. Try such options failing which immediately do file inspection – copy verbatim Order of the vacation DJ and approach under urgency / mentioning protocol vacation DB of State HC for similar relief.

4.       BTW, you cannot pray at Hon’ble HC to direct DJ to pull up the FC’s file and pass Order accordingly as DJ is always regarded as acting Judge where PJ or APJ there / absent / transferred / are on vacation etc. etc. as the case then may be and any Order passed in such scenarios by a ld. DJ can always be set aside later under challenge by opposite party.

5.       Hence remedy is via filing a Urgency Application before State’s HC with prayer to put up before vacation Board after all file defects clearing the very next date of hearing. Here file the papers in the morning so that defects are removed before afternoon and Registrar may put file before Board as in show it appearing in Cause List for the very next day! One may always try such remedies even if one fails and what if some humane Order passed as interim relief by DB of State’s Hon’ble HC !

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APJ = Additional Principal Judge
PJ = Principal Judge
HC = High Court
DB = Division Bench
DJ = District Judge 

1 Like

sree 9491505984 (Lawyer, Hyderabad)     17 May 2013

My Friend,

If any trouble or urgency is there  in any case then the person has liberty to approach superior court always. In u r case it is vacation court. But it is advisable that never persurise judciary for fast releaf. Because there is a probability of negative result there.  Best of Luck

1 Like

Chandra (owner)     17 May 2013

Thank loads my dear experts. The inputs certainly add to my understanding the legal battle.


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