Legal Question in Family Law in India

Hi,

I am from Hyderabad, Andhra Pradesh . I have lodged a 498 A complaint against my husband in the year 2007. the case is pending before the lower court. NBw's and criminal proceedings are pending against my husband from the past 3 years as he is living in USA and not coming to India. My husband is an Indian citizen who is working in USA on work permit. As he is not coming to India, Passport Officer impounded his passport based on the pending NBW's against him.

my husband challanged the impounding order before High court of Andhra pradesh stating that the passport officer did not send show cause notice to him before his passport impounding and he also stated that he would come to India now and appear before the court. he obtained interim stay on passport impounding order in October 2009. I have filed a implead petiiton in this writ petition in November 2009 requesting the high court to implead me as a party and give me an oppurtinuty to put the facts before the high court.. Now my implead petition and writ petition are pending from the past 8 months.

This petition is not listing. even if its being mentioned, it is not reaching. my husband is managing the high court people(thru some people) and making all this.

my advocate filed a letter before registarar, high court to list out this matter. when he did this, the matter listed out in the ending. But it has not reached yet. I tried many times . but it is not reaching. I do not know what i have to do.

My advocate is saying that the other side is managing high court people.

I have question.

1) As my husband obtained interim stay on his passport impounding order 8 months ago by saying thta he would come to indai and appear before lower court , can I file a separate writ petition before high court requesting the court to direct my husband to come to India and appear before the lower court?

2) what I should I do , if my husband again manage people and make this writ petition not coming into list.

3) How to list out my writ petitions when mu husbadn is managing like this?

I need your help. I kindly request you to advise me.

Thanks,

Aruna


Asked on 7/15/10, 10:55 am

2 Answers from Attorneys
Devansh Bhardwaj Devansh Bhardwaj

What I will advise you is that ask your Lawyer to write a letter in the name of Chief Justice/Senior Judge of the High Court apprising him of the whole case and request him to look in to the matter.

FOR FURTHER DISCUSSIONS YOU MAY CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 7/15/10, 11:13 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

instead of filing a writ petition, you may request the court concerned to issue summons/warrants against the husband for non appearance and if need be, get the red corner notice issued against him in case you also have filed a domestic violence case. this is a lengthy process but the only process to my mind.

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Answered on 7/15/10, 11:14 pm


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