Dvc appeal getting delayed
Amit
(Querist) 11 November 2013
This query is : Resolved
Hi,
My wife filed DVC and while it's going on, the magistrate has passed interim residential order asking me to pay rent.
This was challenged by wife in Sessions court by an appeal.
Frustrating thing to me is that the arguments (for appeal) are over, judge did not give orders for next three dates (just kept giving dates) then he asked for reopening and for arguments again which also are finished and now three more dates are wasted without passing any orders.
What can be done regarding this? When asked by advocate, the judge keeps giving some reason or the other (late for today, just came from vacation etc).
Any pointers on how to deal with this?
Thanks
ajay sethi
(Expert) 11 November 2013
next time draw court attention to number of adjournments in the matter . wait for change in assignment .
R.K Nanda
(Expert) 11 November 2013
on next date pray to court to pass orders.
Amit
(Querist) 11 November 2013
Yes, the advocate has raised this issue couple of times and as I mentioned in the OP, the judge kept excusing himself.
Will ask the judge during the next date.
But wondering if nothing else can be done apart from this?
V R SHROFF
(Expert) 11 November 2013
Let the Judge pass order at his pleasure..
If u compell him, itb may change his mind against you..
Lerc assignment chg, wait for it/
Either way, w need wait.
Devajyoti Barman
(Expert) 11 November 2013
This happens. You have to wait. It would be passed soon.
Keep remind the judge on every dates.
Amit
(Querist) 14 November 2013
One more question.
The residential order given by magistrate was to pay rent. My wife insisted to stay in the house owned by me. Our argument was that we never stayed in that house so she can't insist on staying in that house.
If the session court order goes against me i.e., my wife gets to stay in the house instead of me paying rent, what should be the next step?
Can I appeal in HC?
Till the appeal is decided, will the wife be staying in my house? Currently I am paying her rent.
If yes, The house is being rented out from long to others. How much time do we have to get it vacated? The house is in two portions, how is the portion to be given decided?
We do not wish that she stays in the house. In the past she never stayed in that house. She'll surely create nuisance in the house. Please advice on what to do next.
Thanks
