I obtained interim visitation rights under Section 26 of the Hindu Marriage Act, 1955, to visit my minor son, who is presently 2 years old. By order dated 20.12.2025, the Hon’ble Court was pleased to permit me to visit my son every Sunday between 11:00 AM and 03:00 PM. However, nearly five months have passed and the respondent has not complied with the said order till date.
Accordingly, on 26.03.2026, I filed an I.A. under Section 28A of the Hindu Marriage Act, 1955 seeking enforcement and implementation of the interim visitation order. The matter was initially posted to 21.04.2026.
On 21.04.2026, the Hon’ble Court directed the respondent’s advocate to file counter, and the matter was posted to 08.05.2026 for counter and disposal. However, on 08.05.2026, the Presiding Officer was transferred. The court staff informed that the new judge is expected to assume charge during the last week of May 2026.
In view of the above, both myself and my advocate requested that the matter be posted in the first week of June 2026. However, the Superintendent/In-charge of the Court did not consider the request and the matter was posted to 12.08.2026.
In these circumstances, kindly advise:
1. What is the proper procedure to seek early hearing/advance hearing once the new judge assumes charge?
2. Whether an application under Section 151 CPC for preponement/advancement of hearing would be maintainable in this situation?
3. Whether the prolonged delay in enforcement of visitation can itself be urged as a ground for urgent hearing considering the child is only 2 years old?
