Victimof Inlaws (Engineer) 29 October 2013

Can judge pass an order without hearing other party?

Hi,

Excuse me if this is a wierd question - but thought I'd take a chance asking.

The first hearing of my custody case is weeks away. Meanwhile I have a DV case against me, and my family, and the next hearing will be 4 days before my child's first birthday. I have an IA pending in the DV court asking for visitation rights.

I would like to give a birthday gift to my son but am pretty sure it will be destroyed. My question is - is there any provision in law where I make a request to the judge to order that the gift be preserved and given to the child AND the judge passes the order in same hearing without going through the elaborate rituals of objections/aruguments etc?

Regards,

VictimOf.InLaws

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8 Replies

(Guest)

You can handover such gift in the court itself to the child. If the child is not brought to the court, then same can be handed over to the mother. All such with request to the magistrate and he would oblige. But a better gift to the child would be you getting visitation rights. Press for IA to magistrate, am sure you will get visitation rights if argued pleadingly.

Victimof Inlaws (Engineer) 29 October 2013

Thank you so much for your reply. Yes, I am trying my level best to give the gift of visitation rights to him. Goes without saying that it would be such a great gift for myself as well :-) I will implement your suggestion. Thanks very much.

This forum is so useful!

Regards,

VictimOf.InLaws

PSR PATRUDU (senior counsel ) 29 October 2013

Generally court cannot pass orders without hearing other party but , if the other party "s counsel continuously absenting and not getting ready for arguments then the court has got inherent powers to pass orders without hearing the party.

iif any clarification required please contact us by email or phone 09885511469

(Guest)

Demand that the baby be brought to the court so that you can hand over gift to baby.

Give such an application in writing, magistrate will gladly grant your application.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 29 October 2013

nothing left to add, agree with experts

Victimof Inlaws (Engineer) 30 October 2013

Thank you everyone for your kind inputs. Regards, VictimOf.InLaws

bol (adv) 23 April 2014

Dear Sir,

Without hearing the arguments one judge cannot pass an order unless it is exparte. next on birthday gift, you have every right to give an gift. don't worry whether if destroyed, it will be morally wrong on their part since it is done in a conceived manner.