What to do if supreme court dismisses slp at admisson stage
ks
(Querist) 14 September 2020
This query is : Resolved
Dear Experts,
My Interim application of child custody got rejected by Family Court and High Court. High Court gave direction of completing the main trial in 4 months. Since its just a direction and due to pendency of cases, it may take even 4 years, I approached Supreme Court. But Supreme Court dismissed at admission stage.
Can I file review petition in Supreme Court ? Pls guide me for Pros and Cons of doing that.
Dr J C Vashista
(Expert) 15 September 2020
You may approach High Court in review as SLP was dismissed in liminie.
ks
(Querist) 15 September 2020
Thank you Vashista Sir.
But I had approached HC under Article 227 only as FC didn't consider its jurisdiction.. So Judgement clearly states tht since application is under 227 they don't have power to give any relief.
Also I came to know that Letter patent cannot be done if Appeal is under 227.
Pls let me know if my understading is correct.
P. Venu
(Expert) 15 September 2020
What do you mean by "FC didn't consider its jurisdiction". Moreover, you have not posted the complete facts esp. as to who is having the child custody now and the grounds urged in support of your seeking the custody.
J K Agrawal
(Expert) 15 September 2020
better to concentrate on trial and if 4 months order is there it is a mandate and court is bound to follow it.
Sourav Das
(Expert) 15 September 2020
File review petition before Supreme Court against the order in SLP.
Need to check all your documents for giving accurate advice.
R.K Nanda
(Expert) 15 September 2020
Yes, you can file review petition in SC.
Rajendra K Goyal
(Expert) 15 September 2020
You can file review petition in Supreme Court. Chances may be low.
Better concentrate on trial.
Rajendra K Goyal
(Expert) 16 September 2020
Expert venkatesh Rao, thanks for agreeing.
Dr J C Vashista
(Expert) 16 September 2020
It is wastage of time, efforts and money for filing review petition which shall be dismissed as there is no error apparent, new fact/ document which could not be submitted despite due diligence, or any other ground as prescribed U/O XLVII CPC and Rule XLVII of Supreme Court Rules, 2013.
ks
(Querist) 18 September 2020
@ Venu Sir,
Mother is having the custody based on compromise happened earlier in FC. But after one year of compromise, school time changed and my visitation rights reduced in that by 50%. FC said that only Appellate court can modify compromise. Appellate court confirmed the view of FC but again redirected to FC to complete the full trial and didnt give any relief at Interim stage.
@Agrawal Sir,
Word written in the Judgement is "trial to be completed preferably within 4 months." Its just a directional order and I have seen here in lower courts what happens to such orders.
@ Sourav Das Sir, R.K.Nanda Sir, Rajendra K. Goyal Sir, Venkatesh Rao Sir,
Review can be filed if some Judgement is given by SC. How can I file review when SC didn't admit my case on its discretionary power under Article 136 ?
@ Vashishta Sir,
I also felt the same that it will be difficult to establish grounds for review petition which is required for admissibility.
To all Experts,
Is it possible if :
I go for a trial in lower court whenever they start. After 4 months if FC doesn't complete; I again approach HC and this time under Article 226 and 227 both and ask some relief ?
R.K Nanda
(Expert) 18 September 2020
Ks, dismissal of SLP itself is order/judgement.
R.K Nanda
(Expert) 18 September 2020
Ks, if you know that much of law then why you are asking from legal experts.
ks
(Querist) 18 September 2020
Dear R.K.Nanda Sir,
With due respect to all of you, I would like to say that what I learn is from internet. From the experiences in courts, I also learnt that it cannot be substitute of Experts' knowledge.
R.K Nanda
(Expert) 18 September 2020
It is ok. Ur welcome.
P. Venu
(Expert) 18 September 2020
In my understanding, pursuing a review before the SC would not be of any avail, but instead concentrate in expediting the trial. True, the directions as to time bound disposal are not mandatory, but it is still a direction.
Rajendra K Goyal
(Expert) 18 September 2020
You should concentrate on main suit, review may not fetch desired results.
J K Agrawal
(Expert) 18 September 2020
The querist changed entire query.
First he said that a petition for custody is pending, after that he explained that petition already decided by compromise but he want modification.
Both things are different.
His modification application is not tried yet nor any order passed so for then where question arises for review or appeal or writ or any other remedy?
the only relief by higher court may be urgent hearing which granted by the High Court.
ks
(Querist) 19 September 2020
Dear Agrawal Sir,
My case is complicated one, so yr question is absolutely valid. My 1st GWA case was compromised. I didn't file modification application but filed 2nd GWA based on change of circumstances (which is pending) and in its Interim application I demanded to restore my previous standard of hours (with modification) plus some extra relief as age of child increased. That interim was rejected. And I had gone for appeal in HC and SC.
Rajendra K Goyal
(Expert) 19 September 2020
As mentioned by you, the case is complicated, at least 2-3 Kg of papers must have accumulated, it would be better to seek professional advice from some Supreme Court Lawyer.
