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Anand G   27 October 2023

quick dispose of DV case

Respected Seniors,


In a Domestic Violence case that was initiated in 2019 in Maharashtra, an interim relief of Rs. 5000 was granted. However, it has come to our attention that the guidelines outlined in the Rajnesh vs. Neha case have not been followed in this matter. Subsequently, after more than three years, a Section 498A complaint has been filed. We have sought the transfer of this case based on jurisdictional grounds, but the application has been pending for the past 11 months.

The course of this case has been marked by numerous challenges, including a change in judges, with five judges presiding over the matter in the last four years. Furthermore, the opposing advocate has repeatedly sought adjournments, often providing vague reasons. This has significantly delayed the proceedings, and he has not cooperated in allowing the cross-examination to proceed, which has been pending for over a year now.

"justice delayed means justice denied." how to put these statements to honeble judge. need to file any memo along with judgement ? Given the circumstances, we are considering whether a quick disposal application should be filed in the upper court (District Court). we kindly seek your guidance and advice on the best course of action to expedite the resolution of this litigation.

Your expertise and intervention are highly valued, kindly suggest what will be the startergy on above case.

Thanks in advance.


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     27 October 2023

If there is an inordinate delay in the conduct of the case by the court and the same is pending without any valid reason, then you may approach high court with a petiton seeking expeditious disposal of the case 

Anand G   27 October 2023

district Court doesn't have powers

Dr. J C Vashista (Advocate )     28 October 2023

File a writ petition under Article 227 of the Constitution of India for issuance of necessary writ of mandamus to the Trial Court 

P. Venu (Advocate)     29 October 2023

Yes, file a WP Article 227 seeking directions from the High Court.


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