Lower court not following direction of High Court

There is no desired reference as High Court do not take the job of lower court in its hands rather it can direct some other court to dispose off the petition within shorter period and can issue notice to judge under carelessness.

Lower court will expediate the matter. However, it is not possiblke to dispose the case within the period as mentioned in High Court's order as there is lot of procedural difficulties

Lower court will expediate the matter. However, it is not possiblke to dispose the case within the period as mentioned in High Court's order as there is lot of procedural difficulties

Mr Aravinathan

 

 You are saying that it is not possible to complete the process without knowing the facts. This case was there in the lower court for four months before the direction came from high court. Even after getting direction, lower court is not starting the trial. Judge do not give more than 5 minutes for the case. One of the party has given in writing  to be available for day to day hearing if required.

 

The judgment reads " If an application is preferred and same is under consideration let it be decided after hearing all concenrned and dispose off by a reasoned and speaking order preferably within a maximum period of two months from the date of receipt/production of a copy of this order keeping in mind that it appears to be related to custody of a minor child."

 

Is the language strong enough for disposal within two months or inserting the word "preferably" mellows it down? Whether breaching two months time will constitute contempt of court?

 

I am still looking for way of getting an order.

Huge backlog of cases and delaying actics by one (or both) of the parties in the suit causes the prolonged case.

 

 

Does your suit have any extraordinary circumstances which entail to fetch attention to your case, on priority, and by keeping aside all the thousnds of cases already pending in court?

 

 

Round robin method of sequencing applies here also, and also the whole judicial system is the 'roji roti' of may professionals.

 

 

If spouses can't resolve the matters like child custody and are required to go to court to decide then only god can expedite that matter but only would give a verdict but may not do justice to all and especially the minor child.

 

 

So current elapsed time seems to be working-out towards the best interests of  the child.

 

 

In infant/minor child custody cases, It gets easy for courts to decide once one of the party (more or less father) gives up and retracts.

 

Jamai,

 

Hmm.. could not get your resoning in ' So current elapsed time seems to be working-out towards the best interests of  the child'..  If elapsed time is in  best interest of child let all child custody suit be banned .. That will maximise elapsed  time and  as you said would be in best interest of the child.

 

Comming to - whether there is extraordinary circumstances - yes there are and there are many - right from threat od deportation to child becomming handicapped.

 

 

High court directed lower court to dispose child custody petition within two months.

 

once the deadline passes contempt of court case can be filled in high court.

 

prayed to high court to get the records from lower court and dispose the case in high court itself

 

---   very correct. you questioned and yourself answered.

You wrote ......................"what can be done to get order - one way or the other. "

 

 

'Threat of deportation as a cause' to expedite the child custody case? .................  not discernible. 

 

 

Threat of child becomming handicapped? ............................................. I would not unnecessarily express suspecion.................................. and I or nobody should ever raise any immediate doubt on that ..... But such facts should also be made out to be true. 

 

 

Your lawyer seems to be less convinced, otherwise that fellow would have ensured the speedy trial.

 

 

Your lawyer is a great salesman!!!  He can give you even bigger ideas than filing a contempt plea against the lower court!!!

 

HC may says to your 'contempt purshis'  that.............................' Lower court has done contempt of mine .... not yours!................. so I will decide whether I feel aggrieved or not ................ and its my discretion whether to initiate any suit against lower court or not! .... !!!!'

 

 

(A fictitious story:-  A Son cries a lot to show concerns about his aged father's health.

 

and says to the doctor  ......................  'I will Do anything and everything  ........... but save my old father at any cost .............. I love him a lot'.

 

Then doctor with full excitement gives him such an expensive as well as luxurious treatment and hands over a huge bill of expenses and treatment costs to the son .............

 

By looking at that HUGE BILL  son's second though process starts.

 

'To save an old man ............. was it worth it!  .................. Was such a lavish treatment necessary?'.)

 

 

So .....sentimental exaggeration sometimes boomrangs also!!!!

 

 

Do you know what? .......................... every woman petitioner in family courts, while asking for divorce, invariably make allegations that her life and limb is in danger in the marital life bcos of spouse!!!! and hence she need a quick justice ..... Now compare it with reality as to speed of response from court. 

 

Arup,

 

So are you saying that it is legally doable to call records in high court for quick disposal? I am legal novice so asking this question. Is there any precedence of this or If prayer granted will that be first time in India?

 

JOL

Deportation - Boy is a foreigner in India. Passport expired. In order to get passport renewed One person( mother or father need to get custody)

 

Threat of limb - this is not something I say  - It is being claimed by wife that boy is suffering from knee problem and she is not able to get it dignosed.  So would you still classify the case with hundred other case claiming that there is a threat to limb?