Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Interim application can be numbered after three adjournments

Respected Gurus , 

 

i filed an petition FCOP 194/2016 under section 13 1 1(A)(2)as my wife got the restitution of conjugal rights decree (160/2012) , but no restitution happend after 1 year of that decree , there after in the year 2013 september she left to abroad i filed this petition in the year 2016 feb (194/2016) there are seven adournments from Feb 16 2016 to June 12 2016 please find my below concerns 1) she has not appearing before the court , but her advocate tried to file a vacalat along with the permission petition but we rejected to take the vacalat as the personal appearance is mandatory in family matters 2) they filed permission petition on 9th April 2016 , but the lower court family judge didnot either approve thier vacalat or rejected their vacalat , simply post poning date by date for 3 adjournmanets 3) but one of the adjournment on June 12 2016 she attended , now the judge created an IA like 672/2016 and allowed theier permission petition. 4) can the judge creates IA for a old petition which was filed on 9th April 2016.

 

Please find the attached file which will tell you the learned judge writings on the docket order

 

Regards, 

Venkat 



Learning

 6 Replies

Dana Kayoni (Expert Humanitarian and Lawyer)     15 June 2016

Your bad Venkat. She appeared and now court accepted her IA application. Now divorce case will go on, and also you will need to pay her Interim maintenance if awarded, or fight the IA case and see to it that she wont get IA and you get divorce.

(Guest)

Dear Kayoni , 

Thanks for your reply , 

My concern here is they submitted the application on 9th april , at that time we have rejected as my advocate pleaded for phisical appreance of the respondent and support to that submitted several ciations . 

after 9th April th elearned judge posted the matter for 3 times but unable to take a decision , so can he created a IA no on the application which they submitted  long ago , is it legal or illegal.

what the judge did for three adjournments which he has posted with out taking any decision .

 

Regards

 

Dana Kayoni (Expert Humanitarian and Lawyer)     15 June 2016

That is what Venkat, this system is third class.  Judge waited till she appear and then accepted her application and now case will run, what the judge done is ethically wrong, but in order to favor women and save his chair he did like this is my interpretation.  Wait for others to reply.


(Guest)

As per legal provisions if the respondent's advocate files an application on 9th April , can the learned judge kept the file 
with him for 4 adjourmnments can he give the new IA number based on the old filing date 
1) they have to file new application am I right 
2) at the time of filing the application the respondent is not in India hence he has do only onething either accept 
or reject , how can he give the IA number for the old application date , because at the date of filing the application the 
respondent not in India , hence they have file a new application am I right .

Dana Kayoni (Expert Humanitarian and Lawyer)     15 June 2016

They put new date and give same application.

Engineer Jack (Engineer)     19 June 2016

Most of the family court Judges are incompetent and unprofessional in India. I am struggling with same court adjournments and bias attitude of the court towards husbands. Jack


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