kingofqueens (n) 13 September 2014

Filed divorce & child custody case, judge not giving decisio

Hello there

I have filed for child custody and divorce last august. Used to have a court date once every month for the child custody case. Judge 2 was due to give his decision in April and the date was given, but for some unknown reason, he was replaced by judge 2. And then the court went on holiday for a month. WIth the new judge in place, I am still getting date every month as the judge 2 gives reason that he has not read the case and therefore cannot decide. Its been almost 1 year now and still the case is where it is and the 2nd one not even started.

My lawyer says," this is how things happen. You can appeal if you dont like the decision, but you have to wait for the decision".

My question is

1) Is this normal court procedure?

2) If the judge has not read the case, is it right that new dates are given every month. I have to take leave from work, so I dont get paid. And I have to pay the lawyer despite nothing really progressing.

Please advice.

Thanks in advance.

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4 Replies

Tajobsindia (Senior Partner ) 13 September 2014

1. Such delays are not normal.

2. Remedy is to approach State's HC to give direction to trial court to dispose case in time bound manner citing narrated facts.

[Last reply]

kingofqueens (n) 13 September 2014

Thanks for your response.

Could you guide me what the procedure is?

Is my lawyer not doing the job right?

Biswanath Roy (Advocate) 15 September 2014

You can file a WRIT OF MANDAMUS invoking Article 226 of the Constitution of India before the High Court alleging that the court below by making unusual and inordinate delay in deciding the dispute has denied natural justice and causing thereby unnecessary pecuniary loss and harassment to the applicant Hence, an appropriate direction be given to the court below to dispose the matter within three months from the date of order.

T. Kalaiselvan, Advocate (Advocate) 20 September 2014

Whenever there is a change in the presiding judicial officer of the court, the said situation will come to prevail for quiet some time, however, it will not get delayed beyond a reasonable time. You don't have to attend the court on each and every hearing, your lawyer will take care of the hearing. If you go for hastening the case with another case before high court, it will get more delayed and spending more as well as losing more energy on that too. Your advocate can represent before the court in the next hearing about long pending. Follow it up with him.