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Rah   03 July 2025

How to file a new petition in family court when one case is already pending

Hi, 

If a case is already pending before a Family Court (such as a guardianship or visitation matter), and I want to file a new and separate petition on a different issue (like, restitution), what is the correct procedure?

Should the new petition be filed before the same judge who is handling the existing case, or should it be addressed to the Principal Judge of the Family Court, who will then assign the matter to the appropriate bench?

Also, are there any specific procedural requirements or documents to be submitted when filing a fresh petition while another case is ongoing? Can you please provide me with basic requirements to file any civil suit in family court especially i want to know the complete documents understanding. Thx in advance... 



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     03 July 2025

You may have to file a fresh case before the family court registry, the court will be allotted as per jurisdiction.

The other formalities for filing a fresh case can be clarified by your advocate, you will be engaging for this purpose.

R.K Nanda (Advocate)     03 July 2025

File restitution case in court of principal judge of family court who can send case to any subordinate judge. 

Dr. J C Vashista (Advocate )     04 July 2025

The query has alaready been replied as found from your profile, some of them are:

posted a new topic in forum Filing objection to cpc 151 application – procedure for submitting evidence & affidavit requirement

posted a new topic in forum How to file a new petition in family court when one case is already pending

replied to a topic in forum Contempt & enforcement of visitation orders in cases of parental alienation 

posted a new topic in forum Contempt & enforcement of visitation orders in cases of parental alienation

replied to a topic in forum How to revoke advocate and appear as party-in-person in family court.

posted a new topic in forum How to revoke advocate and appear as party-in-person in family court.

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=1089030

It is better to consult and engage some other local prudent lawyer for better analyses of facts, professional advise and necessary proceeding.

Repitition of same story is absurd and ridiculous. 


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