Judge refusing petition
Amit
(Querist) 16 April 2016
This query is : Resolved
Hi,
I am fighting a divorce case and it is coming up for trial. I have filed an IA to receive documents which is pending before the court and my wife is not filing the counters for it. I have reminded court multiple number of times to dispose of those IAs but the judge is also not listening. Moreover she started giving very long dates for next hearings.
So I filed a petition u/s 21B of HMA. But the judge refused to accept it in the open court.
So my questions are:
(1) Can judge refuse to take up the petition?
(2) What can I do in view of this?
(3) I am thinking of filing a transfer+direction petition before High Court to transfer my case from Principal Family Court to Additional Family Court and for speedy disposal of my case. Will this yield any positive result?
Thanks
Devajyoti Barman
(Expert) 17 April 2016
File Revision in high court if you are aggrieved by any order of trial court.
Dr J C Vashista
(Expert) 17 April 2016
I agree with experts, move to High Court in revision and/or u/a 227.
Amit
(Querist) 18 April 2016
I know about Revision.
I think the question is not understood or framed properly.
The judge refused to accept the petition. She refused to take it when I wanted to submit it saying it's not necessary. The petition is not numbered, neither SR not IA number given. Petition was not taken, it was immediately returned back to me. So there's no "order" by family court.
Does judge have power to do that? Under what rule?
What is my next option?
Thanks
Advocate/CS Sanjeev Kataria
(Expert) 20 April 2016
Section 21 B speaks about the special provision relating to trial and timely disposal of matrimonial cases. The time period mentioned in the section is not feasible, thats why Judge is not accepting your application. the brief answer to your querry is Judge have no right to refuse the application. You can file an application for transfer to another court,if your submissions are not considered.
