I walk alone (Asst Manager) 02 June 2017

Judge not present in family court : kolkata family court

Hi Friends

Need an information, I'm in a situation wherein the Mutual Divorce has been filed, couseling happened and finally got a hearing date, but on the hearing date I found, the Judge who was handling the case, has been retired and in his place, no one was been assigned. and till now no Judge was assigned (3 dates has gone & 19th Jun is 4th date) & in my last discussion with a clerk from the same family court of Kolkata, I recently found, no judge is assigned till now & he has no information.

My question is : is there anything that can be done on the capacity of the court if I/my lawyer follows any particular procedure?

Dont get me wrong please, I'm not in any kind of hurry, I have already gone thru 2.0 years on fighting a false allegation (from 2014 to 2016) and then in this July it will be 1 year on Mutual divorce case filed, so really want to know whether any possibilities

This site and the members had been very kind enough to me previously when I was in real pain & agony and with the same resepct and trust I'm here seeking an answer for my query.

Thanks in advance.

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8 Replies

(Guest)

Yes, rightly advised above.

Ms.Usha Kapoor (CEO) 03 June 2017

File request appliction to court registry to appoinrt a Judge soon as the previous judge has heard the entire matter and only Judgment is due.If the case is not urgently decided it will be injurious to you.They might consider. Write a letter/email to CJ of India also.

N.K.Assumi (Advocate) 04 June 2017

Rightly advised by autohide4u.

Avinash 04 June 2017

File a represent with Department of Justice, Ministry of Law and Justice, New Delhi in person and request for forwarding the same to the Chief Justice of Kolkata High Court.

Avinash 04 June 2017

File a represent with Department of Justice, Ministry of Law and Justice, New Delhi in person and request for forwarding the same to the Chief Justice of Kolkata High Court.

I walk alone (Asst Manager) 05 June 2017

Thanks Friends.. I shall update the status & course of action that I'm going to follow.

sai narayana 08 June 2017

Originally posted by : I walk alone
	Hi Friends Need an information, I'm in a situation wherein the Mutual Divorce has been filed, couseling happened and finally got a hearing date, but on the hearing date I found, the Judge who was handling the case, has been retired and in his place, no one was been assigned. and till now no Judge was assigned (3 dates has gone & 19th Jun is 4th date) & in my last discussion with a clerk from the same family court of Kolkata, I recently found, no judge is assigned till now & he has no information. My question is : is there anything that can be done on the capacity of the court if I/my lawyer follows any particular procedure? Dont get me wrong please, I'm not in any kind of hurry, I have already gone thru 2.0 years on fighting a false allegation (from 2014 to 2016) and then in this July it will be 1 year on Mutual divorce case filed, so really want to know whether any possibilities This site and the members had been very kind enough to me previously when I was in real pain & agony and with the same resepct and trust I'm here seeking an answer for my query. Thanks in advance.

Both of you jointly file a transfer petition in HC and on the listing day jointly pray the court to convert that transfer petition into last motion of the 13B. But you need a able advocate or relevant case law for the above task.

kaushikbhadra 25 September 2017

Hi,

I practice in the area and I too have a mutual divorce matter pending before the Family Court - I, Calcutta. I would suggest you to move the matter before the Principal Judge In Charge and request him to take up your matter and dispose with the same at the earliest. Also, make sure that the petitioners appear before the court on every date or else the matter may be dismissed for non-prosecution even if the Principal Judge is absent.