LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anis (Asst. Manager - Sales)     26 September 2012

Magistrate delaying order copy

Dear Experts,

The MM passed an order in my DV case and dismissed the discharge application. We applied for a copy of the order on 15/9/12 which is the same day when he passed the order. Now he is not signing the order copy on the pretext that there are some corrections in the order. He knows that we will appeal in the Session Court.

Today we came to know that he is saying that it will take 4 to 5 days more for signing the order copy. My next date is on 3/10/12 when he will decide the interim maintenance application u/s.23 of DV Act. 

I feel that he is purposely delaying the order copy so that we cannot appeal in the Sessions Court.

Kindly suggest any solution for this problem as without order copy I cannot go in appeal in Sessions Court.

If he repeats the same in Interim Maintenance case and does not give us the order copy then we will not be able to appeal in that also. In the meantime my wife will file for execution of the order and I will not have any chance to appeal.

What can be done in this case. Can I complain somewhere regarding this.

Eagerly awaiting for your reply.




 1 Replies

Bhawani Mahapatra (Law Officer)     26 September 2012

Dear Anis

There may be some genuine cause of delay in providing the certified copy of the order. But you needn't worry for the delay, because your limitation period will start from the date you receive the certified copy and not from the judgement date. You may, if required file  an application before the appellate court for condonation of delay and you have justification of delay caused by the lower court in providing certified copy of judgement.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register