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Prithvi (owner)     03 August 2012

Request to experts - advance custody petition

My son is under the custody of his mother and practically my access has been refused for the past 3 years. I had to celebrate my son's 3rd birthday (firstever such celebration) in court premises that too the child was crying life anything in the planned and cruel absence of his mother i.e my wife. I filed GWA custody petition as PIP along with IA on 30th June 2012 seeking interim custody of the child (special thanks to Tajobsindia and Shonee for their precious experienced inputs). 15 days later they gave me FCOP number for the main petition with date was given as 15th October 2012!!! They have not done anything to IA without any number etc.,. Whenever i asked for IA processing they have kept on telling me inconsistent answers without telling me what to do to bring the IA to the bench at the earliest. I handed over the copies of OP and IA to my wife's lawyer 15 days back. Now I want to advance the IA to the earliest possible date. I orally requested the judge with valid reasons but the judge is paying deaf ear just saying it follows court procedure and i better hire an advocate for myself!!! I am fed up with the crooked lawyers I came across and fed up with their greed and decided to take on my own (no offence, sincere lawyers). various lawyers ate 100 K without any output and i am very naive to this legal system and just learning the things thanks to generous experts like you. Kindly tell me the procedure to bring the custody IA to the nearest possible date to the bench. I have valid reasons for such advancement.



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 2 Replies

Tajobsindia (Senior Partner )     03 August 2012

1. File an application before District Judge Court if GWA matter is being heard by Civil Court under him with prayer to forward IA to an earliest date citing "valid reasons" that you say you have.
2. File an application before HC if GWA matter is being heard by PJ in a FC with prayer to forward IA to an earliest date citing "valid reasons" that you say you have.
3. In either scenario also pray for issue dasti Notice to serve upon opposite party by hand. 

 

Dr J C Vashista (Advocate)     04 August 2012

In any case IA has to be decided before proceeding further, otherwise move to High Court under Art. 227 of The Constitution of India for necessary mandamus.


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