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Chandra (owner)     10 March 2013

Format for op and ia

Dear Experts,

8 months back, I filed Child Custody O.P along with interim custody I.A as party in person. Both the applications are in the same format i.e Petition carried the facts and prayer while the affidavit states that facts mentioned in the petition are true to best of my knowledge etc,. The O.P was allowed, numbered, and the case is proceeding. But the IA is not even numbered even after 8 months nor was it unallowed. Now i hired an advocate and he enquired about I.A with the bench clerk who responded that I.A was not in proper format and hence held back. I really wonder how come the O.P is numbered while the I.A is held back when both of them are in the same format??? Is the format in which i filed correct or not ? Is there any specific format ?? Do O.P and I.A carry different format???? Kindly enlighten me on this issue. Thanks in advance for your time and energies and sharing your knowledge and guiding me in my case.



Learning

 3 Replies

cm jain sir (ccc)     10 March 2013

As per my lnowledge, IA is not numbered separately. It has the same no. of main petition. Some sr. Court clerck may tell u correctly. 

Chandra (owner)     10 March 2013

Jain Sir! Thanks for your response. In A.P, family courts give I.A no in O.P no. I am looking for clarity on format issue.

Advocate Ravinder (Advocate/Attorney)     11 March 2013

When main O.P. is allowed and numbered there is no problem.  Relating to I.A. there might be some technical problem such as non affixing of one rupee stamp, no signature on the petition, giving incomplete address of parties etc.  Apart from the above you have to give notice of I.A. to other side parties.  unless you give notice, your I.A. will not be numbered heared and order will not be passed.  This is a very minor problem which can be sorted out by meeting section superintendant in the liesure hours i.e. after lunch. 


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