gdk (student) 15 November 2011

High court listing date

Dear all,

What are the rules with regard to High Court Listing date.

As a party can I do something?

Iam respondent in an appeal filed by my husband in maintenance case in DVC.

My advocate has filed Vakalath as well as counter and Iam daily checking the listing date but it is taking so much of time.

Generally in how many days listing date will come? Is there any procedure?

Please help me in this regard.

Regards.

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6 Replies

(Guest)

In the high Courts, the date come after a long time..you lawyer will know...

It will take around 1-1.5 years for disposal of the case..

(Guest)

I would suggest you go for a compromise because, in the HC it will take around 1.5 years and then if the decision is in your favor, your husband will move the SC..another 1 year..

So, it is better to go for a compromise, close down memory lane..and move ahead..

Adv. Chandrasekhar (Advocate) 15 November 2011

There are the following steps, you can take:

1. Download the entire cause list and go to "Edit" and from there to "Find" option and there you type either "party's name" or "advocate's name". If it is there in the list, you will come to know about it.

2. Just ignore unprofessional advice of unprofessional persons.

3. In High Court, maintenance matters will not take one and one and half year. The procedure is that once petition is heard, if the court convinces of the merits of the case, gives order for issue of notice to respondent and ask the registry (the administrative office of the High Court) to list it after two months or three months. As you have filed the counter affidavit, instead of waiting for listing of the matter in normal course (There is a chance for manipulation for not getting it listed early), you go to the concerned branch and ask them to list the matter before the court for appropriate orders. Other-wise, you can move urgent hearing application also.

4. If the order granting maintainance is not stayed by the High Court, you have got every right to file execution petition for maintenance. If the High Court stayed the maintenance order, please find out that High Court might have passed an order against the husband to deposit 75% to 50% of the maintenance amount in the registry for issuing notice to wife. You can move appropriate application for releasing this amount to you immediately and the court will decide this application before deciding your husband's petition.

In all these things, your advocate should help you out. Otherewise, it will become difficult to you lay persons to understand these things.

Aishwarya (Teacher) 15 November 2011

better to have an MCD , cases n all will take all lifetime to end..

(Guest)

Dear gdk,

I am not a professional lawyer, but I know what happens if someone is running in courts year after year...you mis the essense of life...court and cases become your life..

I am hit by 498A and DV, and also been asked to pay by the court, I am moving the HC for both the cases..but.I will now harass her...may be I ll pay some money as suggested by Ld Chandru but I will harass her...I will make her spend more money that she gets from me.. i will file Divorce petition in my home town, and let her go to SC for a transfer petition and spend money...i wll pay a economic war now...your husband might be thinking

I have never said that I ll not pay any money to her..A ressonable amount is always welcome...but if she and her father want to buy a Porsche 911 Targa 4s with my money then i am a differerent person...

Please talk to your husband and come to an amicable solution..close down memory lane and move ahead in life...I am sure you have all the potential to earn a lot of money....

Ld Chandru is irritated because...if all of us..would settle our matters out of court...he will be out of business...

Think again sister..and take steps...

best of luck

Ranbir

Ranbit