kumarkumar (business) 02 May 2015

Family court dates

Respected learned lawyers,

Judge fixing very short dates 10 days gap based on wifes requestes, as I am far away from high court , need to travel 15 hours + 15 hours total journey time, and huge expenses involved in travelling, how to request judge not to fix such a short dates, should I submit a affdaivt or what else is the option.

I cannot accomadate such short dates.

Thanks,

A.Durai Pandi.

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13 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 02 May 2015

Request ur advocate to press for long date expressing your grievance

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 02 May 2015

Request ur advocate to press for long date expressing your grievance

Sandeep Naik (Advocate) 03 May 2015

The above Hmy colleagues have rightly said that it is the duty of your advocate to put forward ur greviances before the court. He is for u . Let him be aggresive

Ádv. Sandeep Naik

Mob : 99670 56980

Email : sandeepnaik236@gmail.com

kumarkumar (business) 03 May 2015

As per law is there any rule in fixing court dates.

earlier judges used to fix hearing once in a month.

sandykrish (Interested in Family LAW) 03 May 2015

@ADP there is no hard and fast rule that hearing will happen once in a month or 36 hearing to arrive at the judgment. Most of the Judges are understanding and caring in nature. Even if your advocate is not asking you have all rights to request judge for longer dates. So stop questioning here and start conversing for your case.

kumarkumar (business) 03 May 2015

Thankyou @sandykrish but I cannot stop questionning , as questionning is my birth right.

sandykrish (Interested in Family LAW) 03 May 2015

Keep questioning keep rocking in this forum and finger on your lips at court in front of judge.

N R Dash.. (Advocate) 04 May 2015

There are prescribed time as directed by respective High Courts to order relief for the aggrieved party in some cases like maintenance. Hence, Judge can fix hearing dates so that he can dispose the case in time.

Judge have discretion to fix dates even on the day following. Instead of questioning a judge and being a reason of his aggression, request your advocate to pitch for a date after an adequate interval of time. If you are appearing in-person and defending your case, do file an application mentioning your constraints and present it politely before the court.

kumarkumar (business) 05 May 2015

Thankyou @ Nr Dash

whether the application should be made in the form of O.P or I.A or like a memo

or can it be a letter.

N R Dash.. (Advocate) 05 May 2015

File a simple memo & present the relevant facts before the judge.

kumarkumar (business) 05 May 2015

I will follow your advice

Thanks once again @NRDash

T. Kalaiselvan, Advocate (Advocate) 05 May 2015

Since you have engaged a lawyer, I think he can take care of the hearing ieven in your absence in the court, so there wont be much problem even if you are absent on the alternative hearings. Your advocatealternately can convince the court to give longer intervals between hearings qoting your personal inconveinence as the grounds for seeking it, if it is genuine, the court will oblige with the request. Advise you advocate to pressurise the same before the court in the next hearing.