Writt Petition in high court
G V RAO
(Querist) 08 March 2010
This query is : Resolved
I got the visitation right from family court. Based on the order, when i visited my wife house , she did not allow to see my daughter who is 10 yr old.
She also applied writt petition in the high court and asking to quash the lower court child visitation order and also asking high court to stop the matrimonial proceedings at family court.
No stay has been given.
We have filed the counter affidavit and waiting for the date from high court. There is no movement from their side also at high court.
At the same time she is not attending the family court by saying one or other reasons. Even judge asked her to file the objection , but she filed her objection after eight months.
Can i ask high court to give a proper direction to the family court to speed up the mc proceedings.
My lawyer says i am being a respondent, i can not put pressure in the high court and asking for the date.
Kindly suggest.
Raj Kumar Makkad
(Expert) 08 March 2010
Either of the contesting parties can pray before High Court to direct family court to dispose off the long pending matter within a stipulated time. Husband can also make this prayer.
Devajyoti Barman
(Expert) 08 March 2010
No, though you are the respondent of this case you have got equal rights and you will be within the rights to ask the High Court to either dispose of the pending writ petition or to give the Family court to proceed with the trial till the writ petition is finally heard.
G. ARAVINTHAN
(Expert) 08 March 2010
You file a revision before high Court to get order for fixing a time frame for the matrimonial proceeding before the Family Court
