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chandraprakash tripathi (sole propritor)     24 July 2013

Judge just asking my advocate to take dates?

i have filed a case fo custody of my child under guardian and wards act section 7,  my wife is no more she died because of tb,  so i have filed case in vasai court,  i stay in nallasopara and the respondents they stay in virar west,  as the respondents are not coming on any date i got ex parte order passed from the said court,  not a decree, after ex parte i  was given date of 18-07-2013 on that day i was to submit my affidavit in lieu of examination in chief,  but that  day alsoi want not able to submit it, as the judge said some important cases are going on and that day its not possible, so he asked my advocate to take a date,  i took a short date of 23-07-23013 again on the next date on 23rd the same thing happend again and i wasnt able to submit my affidavit again,  now i have taken a date of 29- 07-2013,  there are some legal point in my mind which i would like to know, and i am writing it down point wise:-

1) just because legal time period for civil cases is 3 years, and there is no question one can ask to judges, just he can keep on giving dates?

2) cant he take cognizance of the cases which are less time consuming first and then later on other cases where witness and other thing is involved.

3)when ex parte order is passed then also can he delay the case and just keep giving dates on the grounds that court is very busy,  isnt my case important.

4) cant they take cognizance that my case is not involving any money or property,  its related to a child, and  just delaying it like this is injustice to me.

5) in a judgment of punjab high court,  court clearly said that matters for child custody which are pending in court for more then 6 months,  settle it within 3 months time,  cant that be implied on my case,  i am the father, respondents are not coming,  detained and kept forcible custody of my son,  then also i get the feeling like  i am not getting anything,  i am just asking for my son back.



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