Family court judge refusing to pass orders in ia

Querist : Anonymous (Querist) 22 September 2011 This query is : Resolved
Counsels,

Husband filed IA to strikeout pleadings in wife's OP. Pending that IA wife filed another IA which was dismissed and on revision the order of lower court was up held with direction to expediously dispose of the main OP within 4 monhs. Parties were also asked to adjudicate their rights in the OP.

Now since the HC has directed to expediously dispose of the OP the family court judge is overlooking the pending IA filed by the husband and forcing the husband to go to trial. The judge says that she will consider IA on final disposal not before trial. The husband has filed IA and counter and written arguments were also filed. Pleadings are contradictory and causing prejudice but the family court judge is forcing the husband to go for trial.

Can the husband ask for transfer of the case from this court to another court on this ground. Unless the IA is disposed of the husband will be put to prejudice and harassment.

Kindly advise.

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Chanchal Nag Chowdhury (Expert) 22 September 2011
I think the court is right. If the pleadings of the other side are contradictory as U have stated, it should enure to your benefit. Why U R avoiding trial is not understood.

Querist : Anonymous (Querist) 22 September 2011
Why should the court wait for leading evidence on contradictory pleadings. When departure in pleadings are prohibited under O6R7 of CPC and further when the wife knowingly making false statements in the OP abusing the court process why should the court wait for the fianl disposal jsut bcos HCas directed for disposal within 4 months. Why should the court disregard the IA filed by the husband under specific provisions of law whic provides for striking out the pleadings if it prejudices a fair trial.

Querist : Anonymous (Querist) 22 September 2011
Such ancillary directions by HC deprives the husband of his defense in taking advantage of admissions made by wife in criminal case filed against him. Family court accepted the counter filed by wife and written arguments filed by both sides. Then why not pass orders on that IA.

There are 2 OPs and husband has other IAs for discovery of documents. What will happen to other IA.

Raj Kumar Makkad (Expert) 22 September 2011
Court is absolutely right in its approach. All interim applications are now expected to be heard at final argument time and if it requires to provide any opportunity to any of the parties for the just and proper decision of the case, only then final argument is deferred otherwise the case is disposed off. In your case if your wife has filed contemnory and beyond record allegations or claims, the entire benefit shall go on your favour. I suggest you to get the case decided within the stipulation of time fixed by HC. The other IA filed by your wife shall also be treated similarly.

Shonee Kapoor (Expert) 22 September 2011
When the court can arrive at a just conclusion within 4 months, why you want the other party to go back to HC.

If the court accepts your IA at this time, the other party would certainly appraoch HC for restoration of their rights, which would further delay the matter.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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