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Rahul Singhal (Finance Professional)     21 September 2013

Judge not passing order

Dear All,

We had a divorce case in one of Delhi's district courts under HMA. The judge fixed the order date on 2nd Sept 2013. On the date, no order was passed. Upon asking the court persons, it was brought under our knowledge that the order is reserved with the judge and can be passed any time. Since then till today, we have asked so many times in the court but we get the same answer that the order still has not been passed. As we are sure that the judge will pass order against us, and we know that the time limit to appeal against the same in high court is 90 days under Hindu Marriage Act, please guide us on the following:

1. When the order date was fixed for 2nd Sept 2013, till how long normally a judge can pass the order (as in our case it has not been passed till 21st Sept 2013).

2. What is the procedure for knowing the order. Do we need to keep visiting the concerned court for update?

3. The time limit of 90 days starts from which date, date of order, date of receiving the certified copy of order.

4. Suppose If the order is passed on 23 Sept 2013, can the date of order be before 23 Sept 2013?

Waiting for your guideance.

Warm regards,

Rahul



Learning

 4 Replies

Arun Shukla (Lawyer)     21 September 2013

Dear Rahul,

So for pronounce of judgement is concerned, the law says after completing the trial the court has to pronounce the judgment at once or it can reserve the judgment and fix a date for pronouncement of judgement. In your case the date for pronouncement of judgement has passed and no further date for pronouncement of judgment has been fixed. The best i could tell you it is the abuse of process of law and this can be complained of before the higher form for seeking directions for the court concerned.

Rahul Singhal (Finance Professional)     21 September 2013

Thank you Mr. Arun Shukla.

Samir N (General Queries) (Business)     22 September 2013

Though Mr. Shukla has given you well-intended advice, I disagree with it.

Why? Because in our Court systems it is not unusual for a Judge to just sit on a case and give the Order when he has time. Thats the reality. Do not read too much into it. Just make sure that you follow-up and do not miss the Order when it is issued. I do not think that you should file a complaint or do anything of that kind. Save your energies on the appeal. Do your homework in the mean time. The more the delay in issuing the Order, the more time you have to prepare for your appeal. Blessing in disguise?

Rahul Singhal (Finance Professional)     22 September 2013

Thank you Mr. Samir


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