Dear Experts,
Kindly provide me with the effective and practical solution in dealing with Judge who is reluctant to pronounce judgement and order in I.A.
The case in point is for the custody of my son who is now 4 yr 6 months old and has been in the custody of his mother since he was 8 month old when my deserted with along with him. She filed for divorce and whil filed for restitution. Both the OP are clubbed and trial phase is over.
I celebrated my son's 3rd birth day at court premises as per family court order, but celebrated my son's 4th birth day in hotel having challanged in High Court of Andhra Pradesh the family court order to celebrate the same in court premises.
1) I filed for child custody under GWA, One Year back. Along with the main O.P I also filed the I.A in point for interim custody of the child. first hearing was posted to a date more than 3 months later. Notices are issued to the other side 2 months after the said OP and IA were filed.
2) after more than 10 adjournments in 7 months AFTER THE RECEIPT OF NOTICES, the other side filed counter in main O.P and IA. Meanwhile the other side as a part of their delay tactics, filed memo for clubbing custody OP with divorce and restitution OPs. Judge clubbed the 3 cases despite we filed memo with our objections. Immediately after filing the counter to the custody OP, the other side filed another OP for maintenance and even this OP is also clubbed with the above said 3 OP despite our resistence.
3)I got rejoinder to the counter in custody OP submitted in the very next adjournment. In the rejoinder we insisted for the early adjudication showing the reason that I have been trying for my son's school admission and has entrance test in another 3 weeks (I submitted the proofs as well).
4) Arguments are over and we also submitted written arguments one month back. Ever since the the case has been pending for adjudication. Despite our sincere pray to the court, the next adjournment was given after a month (may be due to Summer vacation, not sure though) and kept the I.A in box for adjudication at convenience.
5) No order has been given in this one month period. Now, after one month, in the following adjournment which took place couple of days back, the Judge was reluctant to adjudicate the I.A and forcing us to file Examination-in-Chief Affidavit in the main O.P. We told the court that even though the regular entrance for my son's school admission, we secured permission from school admin to allow my son to have exam after 10 days. Judge paid deaf ear to our prayers and gave another date after 10 days.
It has been one year that i filed the said I.A. The judge allowed the other party to drag the case till this situation despite my persistent resistance to such delay tactics . Now the judge says as anyways the main OP itself entered the trial phase, there is no need to pass order in IA. He also said that there is no point in disturbing the child's position. He also said that he wanted to complete all the 4 OPs in one shot.
I am sure the hon'ble experts of this portal understand the state of affairs prevailing over there in the said family court. Kindly suggest me the effective and practical solution. Thank tons for your kind attention and support.
