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superfast munnabhai (trainee)     10 November 2010

Court working hours

1. Is it true that family courts  function during 11:30am-2:30pm and 3:00pm-5:00pm (Total 5 hours)??

 

On Y'day during hearing of my case:

My hearing scheduled could not happen since my suit was listed 18th on the board.

First three cases on the board took time upto 02:00pm almost (due to lengthy final argument on assets of a wife, also witnesses probably etc)

Next seven cases took time upto 4:30pm

Finally my case was not heard and adj was given last week on Nov.

 

 

Opposite party's lawyer asked for adj at 2:00pm and left the scene never to return.

 

 

2. Could I have asked for immediate near date  in this week only? Am/was I allowed to ask it?

 

 

3. Does that clerk decide on next dates? or the judge takes decision?

 

 

4. How many cases are taken for hearing on an average in a day?

 

Please help me understand it. 



Learning

 4 Replies

Dhawal Bhandari (ADVOCATE)     10 November 2010

- can`t comment on total working hours of family court...

- usually reader give date but sometime judges too give themself dates esp in those case which are time-bound one...

-you cannot ask ( like dictating) for short date but yes you can request for it !!!! subject to judge (s) discretion..

-no one can exactly predict cases taken for hearing on an average in a day becoz all are dependent on facts of cases & at what thing it is !!!

R.Ramachandran (Advocate)     10 November 2010

Dear Superfast,

You yourself say that first three cases took almost 2.30 hours.  Some 7 cases took about 1.30 hours.  Thus, no one will be able to say how many cases will be handled in a case.  The next date is decided only by the Judge and the Court clerk also assists him in assessing as to how many cases he has already given date on that day and accordingly the judge will if necessary shift the case to some other suitable date. 

superfast munnabhai (trainee)     10 November 2010

Adv Dhaval Sir,

 

That reader must be maintaining the diary of next scheduled hearings. There must be a maximum roll for any date (e.g. let's say 24 case on each day and no more than that.)

 

Can I ask the reader to please show me whether there are any slots available on the nearest possible date?

 

I am not doubting on the that reader(??)  But How come the opposite party's lawyer dictates to the reader about the next hearing date everytime?

 

From next time I would start enquiring about it.

 

I also wanted to tell the court ...as follows...that ...

 

A. There are many pending interim apps for 'argument/order on exibit' stage

B. Additionally main suit is pending for 'framing of issues' stage.

 

But on the daily board it was mentioned only: Order on Exibit (i.e. Notice to Produce filed by both for "ITR Form16" of both litigants) ...that's it !!!!

 

But what about argument stage of other IA, and framing of issues of main suit?

That also should have been listed against my case on the daily board. Isn't that correct or not?

 

And At least, court could have ordered to take main suit for 'framing of issues' also parallelly.

Does it have to move by a tortoise pace?

 

Why in this world...honest people are stamped as if nagging if they themselves are trying to expedite the systemic lethargical procedures?

 

Any solutions to this?

superfast munnabhai (trainee)     10 November 2010

Thanks to Adv Ramachandran Sir also.

Sir...Please answer to my above query also.


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