splitting of case into 2 cases
Udit
(Querist) 04 April 2015
This query is : Resolved
I have filed 2 cases for the custody of my 6 yrs old son. One is for his interim custody u/s 12 of guardians and wards act and another under sec. 6 and 8 of hindu minority and guardianship act. Both the cases have same case number and are in the same file. MY problem is if court gives any order for the interim custody of my son than 2nd party will move to high court for taking stay and the whole case, interim as well as case of permanent custody shall be stayed since both the cases have one case number. Is there any process in law by which I could ask the court to split the file into two cases and both the cases may have different case numbers. 2nd party has not yet submitted her w/s. Pls tell me what can be done?
P. Venu
(Expert) 05 April 2015
Are you sure that both the cases are of the same file? Take an inspection. It is probable that only one of the cases is admitted or taken or record.
SAINATH DEVALLA
(Expert) 05 April 2015
Both the cases will not be taken into account by the court though same case number has been given.Wait till the proceedings are over.
Devajyoti Barman
(Expert) 05 April 2015
It is reAlly weird to know that both the cases have nean allotted with same case number and must be pending in the same court.
Lodge complaint with the registrar of the court abut this anomaly. You could have brought this not the notice of th court also earlier.
However since the matter is in HC now mention this to the HC.
Rajendra K Goyal
(Expert) 05 April 2015
Bring the anomaly to the notice of the court.
Dr J C Vashista
(Expert) 06 April 2015
I agree with experts opinion. Ask your counsel to brief you properly/ correctly. It cannot be the same file/case number in the same court, impossible.
Consult your lawyer, if you have lost faith in the lawyer, change.
SAINATH DEVALLA
(Expert) 06 April 2015
I am surprised that UR advocate did not object when the same number was given to the 2nd case. 2 different cases cannot exist with the same number, even if the complainant and the respondent are the same.Better ask UR advocate to do good homework or else ultimately U will be the sufferer.
Udit
(Querist) 06 April 2015
Sir, petitions for both the cases were filed together and the same case no. Was assigned i.e. 02/2014. The case is in the court of district judge. Should i file an application to assign different case nos. to both the cases under guardianship.
T. Kalaiselvan, Advocate
(Expert) 09 April 2015
In my opinion, the author should have filed one case and others as IA, hence all the reliefs are clubbed into the same case. The author has to clarify the issue through his lawyer because without seeing the papers it will not be possible to give a correct opinion to this query.
SAINATH DEVALLA
(Expert) 09 April 2015
Still he is not comming with the complete facts.
