Saksham singh (Hj) 10 June 2018

No judge in divorce case from approx 1 year

I have a matrimonial dispute going on from 2 years. I need some suggestions

1. The divorce court doesn't have any judge from 1 year and my evidence is in a electronic device . I fear about the device getting damaged in long term. How can I push the matter of evidence be examined quickly and the matter be checked in the device as soon as possible.

2. My girl child was 3 years when we separated and is now 5 years. I was able to meet her during the court hearnings earlier, but from last 2 hearing her mother doesn't allow her to meet me. I want custody and visitation. What is best approach to go about it ? The child court or same divorce court ?

3. Any other suggestions to speed up the matter as very little progress in the matter yet.

Thank you

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7 Replies

Saksham singh (Hj) 10 June 2018

anyone ? any help ?

(Guest)

Please mail me your query in full at basu_kunal@hotmail.com.. mayb be able to assist you on this one sir

regards

Saksham singh (Hj) 10 June 2018

What data is required . Please elaborate .

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 11 June 2018

1. Move High Court for appointment of family court judge.

2. Move High Court for visitation rights of the child informing HC that as the Family Court is not functioning, the HC has been approached for getting relief under Article 227 of COI read with Section 151 of C_PC.

Saksham singh (Hj) 12 June 2018

Originally posted by : Advocate Lolita
	Originally posted by : Samarpan (M)9599874404 1. Move High Court for appointment of family court judge. 2. Move High Court for visitation rights of the child informing HC that as the Family Court is not functioning, the HC has been approached for getting relief under Article 227 of COI read with Section 151 of C_PC. Thank GODD your firm did not ask the querist to climb mount abu to get a judge to hear the cases in familiy court. Stop misleading the querist. what do you think, a man who has filed dviorce will go to high court and fight there so that he can get some judge to hear his plea that the position of the family court judge is vacant? Dont you think it will be painful process for a man who has a failed marriage and now waiting to get divorce??? Just one letter to the district judge can do wonders if collectively such litigants give a letter asking for appointment of judge at the Principal Famly Court???? Such misleading advice by samarpan, this is not a individual but a group who misleads with such advices. becareful people.

What is the best way of getting visitation rights and custody of child ? Should I just place an application under appropriate sections in divorce case itself or should I go for Separate case under child and wards act ? I will go for separate case if I will get any sort of benefits in that case Some facts : My daughter is 5+ now I earn more and can provide better education I am more educated. No cases against me except matrimonial disputes 498a and DV act I Live nearby her existing school In laws has multiple criminal cases pending on Thier name. All cases has started on them in last 1.5 years

Aman chawla (DELHI HIGH COURT ADVOCATE) 17 June 2018

Sir, I would suggest you to go for separate custody case as in HMA case you will only get visitation rights.

Remember some points which should be necessary to be mention while making custody case, try to highlight your abilities, how you can become a more responsible parent, what was the behavior of your child towards you when you were with him, how you can ensure better future for the child, post to these all things then you should mention about your wife and her conduct.

TRY TO GIVE PARENTING PLAN TO SUPPORT YOUR CHILD WHICH SHOULD BE IN THE FOLLOWING WAYS

1. EDUCATION OF CHILD

2. CARE AND SUPPORT

3. HEALTH CARE FOR THE CHILD

4. THE PHYSICAL/MENTAL DEVELOPMENT OF THE CHILD

5. LOVE AND AFFECTION

6. FINANCIAL SUPPORT

If you still need any kind of guidance relating to the custody case, you can contact me

Thanks,

Regards,

Aman Chawla

Vijay Raj Mahajan (Advocate) 17 June 2018

You are from New Delhi as it shows and your case pending in Family Court in one of the district in Delhi, most probably in South East District where the Principal Presiding Judge retired many months back and new replacement yet not fulfilled. Neither High Court nor any other authority will help you in getting a new judge for the vacant seat of the judge in the Family Court, it’s the administrative decision of the government to fulfil the seat of the vacant judge

You should apply for the certified copy of whatever evidence recorded in the electronic device of the court and keep that in your case file.

As far the visitation right of minor child is concerned, you can always file application formal u/s 26 of the HMA if your main case is pending under HMA seeking custody/visitation of the minor child and let this application be taken up by the Link Judge available for passing interim order for child visitation.