Upgrad LLM

writ of mandamus

eng

Dear Members,

Wife filed the transfer petition in Supreme Court and SC allowed the TP by stating to dispose off the custody case in 9 months without any due adjourment of either party. but now its  more than one year and not the case is started properly. Family court gave directions many times to wife for bringing the child but she is absent on every court date and Court is not doing anything on that.

Pls suggest if filing of  Writ of Mandamus in High Court can help to dispose off the matter with in time limit and can High Court direct family court to take actions if wife is absent.

Thanks

 
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No Writ of mandamus,you can mentioned the matter in Supreme Court further, or you can file a petition under article 227 of the Indian Constitution in High Court for speedy disposal of the suit.

 
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reply earlier same

 
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propra

Are you NRI?

 

Why and who asked for TP and that too at supreme Court ? or are you two spouses currently live two diff states?

 

yr wife not bringing child to court! ....... that means u filed custody case (???) --- need more details here.

 

Why on earth U filed your case in diff state if above is true. Was that your wife's prayer before SC to expedite the case?

 

You can certainly file for writ of mandamus (actually although your wife pryed it in TP its your case of custody and she won't be worried now!!!)


Civil revision??? of revision of what??? there is decision as yet!!! . Writ of mandamus is the correct remedy before HC (if you are not NRI)

 

SC's direction ought to be followed. and not follwoing the same also a cause to issue HC directions to expedite case and dispose it off within specified time.

 

you say that Wife got TP allowed.

 

Under which case SC passed directions to expedite within 9 months? -- more details required I am only presuming as if it is part of TP order.

 

Go to HC (if you are not NRI, and if you both live in two diff states) in 'writ of mandamus' by saying that SC's directions to dispose of the case within 9 months should have been followed by family court. 

 

 

In custody case (wards act) there is not much of evidence!!! presence of parties is what is necessary including kids under question.

 

 

Also look at other aspect whether your kids is below 5 yrs or toddler / baby etc (I presume it 7 to 12 ) else you simply wasted your time even in filing unless your wife was really an extreme case who can't look after kid etc etc etc.

 

 

 

 

 

 

 
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ADVOCATE

You can move to the High Court for speedy trial or may approach SC for the same.

 
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eng

Thanks members for the help and suggestions.

Please also suggest if instead of writ of mandamus, can i file contempt petition against family court. In that case this contempt petition will be filed in high court or supreme court?

Thanks

 
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