LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

LegalFighter (test)     17 January 2018

Delay in judge nomination by cj of hc

Dear Learned Counsels,


1 .I got Divorce in Coimbatore FC after 3.5 yrs of battle including RCR(I filed RCR before 4 yrs and she didnt agree for reunion).I told judge that i would wish to close my GWOP petition with weekend custody since my son is below 5 years and the section I filed is wrong(filed u/s 7(1) GWOP but i was advised by several advocates to file custody under HMGA section 6).But FC judge granted me biweekly visitation as a final order on sunday between 10am-4pm and marked in the judgement as "Petitioner has given up his custody".

2.So against this order, I went for a CMA in Madras HC(through a senior counsel) with an interim application(CMP) asking for weekend custody.Both got numbered and came in front of a Honble Justice.Judge asked both me and my divorced wife to chamber for mediation.We went for chamber 2 times and over the 3rd time(12th december,2017) I couldn't go chamber since I have very hectic client demo in my company and if I was not there in the office,I was bound to loose my job.I explained my situation to my advocate and the same has been conveyed to the Judge.But it seems judge was so upset and angry on me that I deliberately avoided court and referred the case to court again.Actually Judge forced us to live together for the sake of child.But we both not interested for reunion.Really this Judge has done a remarkable move with the mediation.If the same has been done mediation before 4 years(when I was filing RCR), I would have joined my wife and child.Irrespective of his anger, I liked this Judges honest mediation effort.

3.After Judge shuffling happened (Jan,2018 )and court holidays, case again came in front of the same judge today(10Jan,2018).Since other side has already filed counter to the interim application filed by me,my advocate argued that petitioner already lost diwali visitation last year and if order is not made now, petitioner will loose pongal visitation too.But Judge said "I cannot make any order on this case since already met parties in the chamber and mediation is failed.So I am referring this case to CJ, you can make your arguments to the next judge nominated by CJ ".

Below are my questions:

1. How long will it take for Honble CJ to allocate this case to other Judge?
2.As per APEX COURT  ruling "procrastination is the greatest assassin" in the Bhuwan Mohan Singh vs Meena & Ors case,  child related cases should be decided ASAP.Is there any way to file a memo in front of Honble CJ to nominate the judge and decide the case ASAP?

3.I checked my advocate and he told(He doesnt speak with me , always he conveys his message through his junior) that "If its with CJ, we dont know when next judge will be nominated and we cannot do anything unltil case is listed".Hence my question here is shall I send a memo directly to the registrar so that the memo reaches CJ?

4.Else advice me what to do to reach CJ.

I humbly request learned counsels to input me what to do next?
Thanks in Advance.


 1 Replies

LegalFighter (test)     19 January 2018

Anyone to provide answer?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register