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suffering (jj)     17 June 2015

Can i approach the high court for speedy justice?

Hi,

   There is no judge appointed in family court bangalore since last 2 years. My IA for crpc127 is pending for hearing since last 2 years. My father has become heart patient and my job is not stable now. I have problem in paying maintenance to my working wife.  I would like to finish off the maintenance case and would like to take job abroad.

   Is it possible to go to high court and get the order for speedy justice, as the delay in case is hitting me financially and runing my career? My case is 2009 case and is too much delayed due to mismanagement of judiciary.

Regards

Mani

 



Learning

 3 Replies


(Guest)

You may as well approach HC for speedy trial. but looking at your case and financial status it is better to get back wife and like that you will not need to pay her any alimony and also you will be saving a lot of money.. likewise even if you get a order from HC for speedy trial, it will be of no use, lower court will order something according to their wish hurriedliy and you will be forced to approach HC to rectify for one sided judgement which will be biased.  So you will lose more time and some more money, pay fees to lower court lawyer, pay fees to high court lawyer for step 1 and step to of rectifying orders again paying fees to lawyers, so what I suggest is wait for lower to court to decide on alimony/maintenance and save both money and time or as I said get back wife and completely aviod paying money.

 

This wife or some other wife, all are the same, mean to say, present wife or future wife [in case you get divorce and remarry someone else later on] all women are like this only.  Its better to bring back known devil than to get new devil.  Old devil will come with old problems, new devil will come with new problems.  Think and move ahead.  All the best.

suffering (jj)     22 June 2015

Hi,

 How can you keep 498a wife?  I got aquitted from the same case and it is too risky for my life.

I just asked where is it possible to speed up the trial court as it even does not have seperate judge for 2 years?

Regards

 

Adv. Chandrasekhar (Advocate)     22 June 2015

Certainly Mr. Suffering, you have every right to approach the HC for getting your case decided expeditiously.  When Act prescribes time limitation in disposal of case, the cases drag for years together, burning the hearts of the litigating public.  Damn governments do not earmark sufficient funds to set up new courts required to dispose huge arrear of cases, the judges won't demand and force the Govt. for appointment of vacancies in the judicial posts and setting up of new courts and carry out work culture in the trial courts.  We quite often see after lunch, most of the courts remain empty where as the coourts have to work upto five o' clock.  The clients blame advocates, the advocates blame judges, the judges blame government and finally our judicial system is dying in natural death due to overburden of arrears.  A concerted effort is required to improve the situation.  You should approach the HC for your genuine grievance.  But, what I worry is that even in HC your application will be kept pending due to arrears.  GOODL LUCK.


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