• Judge on leave on day of orders for IA

Hi, I have filed for restitution 7 months ago. My wife stopped showing my daughter who is 5 year old even after verbal instruction from the judge. I had filed an Interim petition to visit my daughter. The argument was not attended by the other party. Judge posted for orders on the petition on basis of our argument. But it’s been delayed twice once due to unforeseen circumstances and other judge had to take leave. What options do we have to get orders asap. I have not seen my daughter for close to 3 months.
Asked 1 year ago in Family Law
Religion: Hindu

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9 Answers

When judges comes back for leave request registry to place your application on board before judge for directions 

 

request court to pass orders on your application at earliest 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Filing petition for restitution is a wastage of time and money. Neither court nor any order can force wife to live with husband against her wishes. You have already filed interim application so pursue your application for interim relief to meet daughter. 

Siddharth Srivastava
Advocate, Delhi
1346 Answers

You can take orders from incharge court in said matter 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

- You cannot challenge the oral order /instruction by the Judge against your wife for the visitation right. 

- Hence, you can press the court after mentioning that the court pass an order for the visitation right in favor of you.

- Further, you cannot take any legal action against the said judge who is delaying for passing order , hence wait some more time for the same , however you can mention to the judge that during the period of passing detailed order , she may be directed to allow you to see the daughter. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

 

  1. Communication: Try to communicate with the other party, possibly through your attorney, to reach an amicable resolution. Open and respectful communication can sometimes lead to quicker agreements.

  2. Request Urgency: If there are compelling reasons, you might be able to request the court to expedite your case due to the importance of maintaining a relationship with your daughter.

  3. Mediation: Consider engaging in mediation to resolve the issue outside of court. A trained mediator can help both parties reach a mutually agreeable solution, potentially saving time and money.


  4. Emergency Orders: If the situation is urgent and your daughter's well-being is at risk, you might explore options for obtaining emergency orders to ensure her safety and your visitation rights.

Akbar Usmani
Advocate, Jabalpur
9 Answers

When the judge is on leave, nothing can be done to expedite the process. Instruct your counsel to press for an urgent hearing of your IA at the next hearing. If the judge's verbal instructions have been recorded, you may file a contempt petition too, in consultation with your lawyer.

Swaminathan Neelakantan
Advocate, Coimbatore
2910 Answers
20 Consultations

You have to wait for the orders to be passed by the court.

You don't have any option than to depend on the orders of the court.

If there is an inordinate delay by the court to pass an order in the IA then you can approach high court with a petition seeking direction for an expeditious trial, whereas in this circumstance the high court may not even entertain an application becasue it is posted for orders. 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Dear Client,

You must await the court's decisions to be issued.

Your only recourse is to rely on the court's rulings.

Should there be an excessive delay in the court's issuance of an order in the IA, you have the option to file a petition with the high court, requesting guidance to expedite the trial. However, given the current situation where the high court is considering orders, they might not consider entertaining an application.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

As order is likely to be passed on next date, you have wait for that. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially when the child is girl, custody is given to mother with visiting rights to father. 

 

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

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