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(Guest)

Can high court call records from family court?

A child custody case was filled in family court in maharatra unders sec 26 of HMA.  Court was not hearning the petition.

The applicant reached higher court and higher court directed lower court to dispose "PREFARABLY WITHIN A MAXIMUM PERIOD OF TWO MONTHS". Please note the word prefarably here.

 

Two months has passed and family court has not disposed the petition.  What are the remedies available now. Can applicant  pray to high court to call records in high court and dispose the case since lower court has shown complete disregard to the prescribed time limit of two months in sec 26 of HMA and direction from hight court.

 

Also what could be other remedies ?



Learning

 3 Replies

Rajender Dahiya (Partner/Advocate)     08 June 2011

Pray to High court to call for lower court's record.............

Arup (UNEMPLOYED)     08 June 2011

yes certainly

Saurabh..V (Law Consultant)     09 June 2011

High Court has all rights not only to call the records but to order to transfer the case and hear it and take evidence too. High courts have inherent power of exemplary nature.

 

//peace

/Saurabh.V


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