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chandraprakash tripathi (sole propritor)     21 August 2013

Judgment/order passed without pronouncing judgment/order

my petition has been filed in the court of the learned add district judge at Vasai, Add district judge,  i have filed case under guardian and wards act section 7 for permanent custody of my minor son,  as the respondents i.e the grandaparents were not coming on any single court hearing,  ex parte order was passed,  on 14-08-2013 as my advocate said  we were expecting our judgment to be pronounced,  but the whole day i sat in the court till the evening but no judgment was pronounced for my case,  the judge pronounced other judgments but not mine,  later when the court was closed when i went to the lady who sits next to the judge,  computer operator i guess she said that your order has been passed,  is it legally correct to pass the order in such a way?,  where i till date dont know what order has been passed?  and   have been the relief i prayed for  custody of my son  granted to me or not?,  have the relief i prayed for granted?,  is this the correct  legal procedure of passing any order,  what if other party respondents come up challenging the order that it is null and void,  though it was an ex parte,  but is it correct,  now i have applied for certified copy of court orders urgentlly,  but they are also saying order has not been prepared yet,  what kind of system and legal procedure is this,  which i understand to follow,  the respondents they are looking to sell  their flat and run away with my child,  what will i do of such orders when my child is only not there and becomes untraceble,  i have filed the court case to get custody of my son,  but the legal proceudre followed is simply not understandable. why didnt he pronounced the judgment in the open court of that day,  and how will i know about the order,  and can he pass the order in favour of the respondent,  who knows whas has happend behind the closed doors. pls reply,  no human is god and can be bribed.



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 1 Replies

surjit singh (Assistant)     21 August 2013

Apply for the certified copy of the whole order sheet as urgent certified copy seperately. File an application before the same court saying that on such and such date the judgement was to be pronounced and on that date the judgment was not pronounced in open court but on enquiry from the peskar (bench clerk) I was told that the order/judgemnet has been passed and accordingly I applied for urgent certified copy on such and such day, which is also not made available to me. The prayer should be if the judgemnet has been the office be directed to provide me the certified copy on the basis of my application for urgent certified copy applied on so and so date.

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