Legal Question in Family Law in India

Hi,

my name is srinivas from hyderabad, India.

My sister got married in India as per hindu marraige act. her husband who is indian citizen, has been working in USA.

As he harrased my sister, my sister lodged a 498A complaint in India in the year 2007. The case is pending in Indain court.The Indian court issued NBW against her husband 3 years ago. NBW's and criminal proceedings are still pending as he is not coming to India.

The passport officer impounded his passport in september 2009 based on pending NBW against him.

he approached HighCourt of Andhra pradesh through a writ petition stating that he did not receive show cause notice before his passport was impounded. He suppressed material facts in the writ petition and obtained interim stay on passport impounding order in October 2009 from high court. when my sister knew about the high court stay on her husband pasport impounding order, she has filed a impleaded petition in his writ petition requesting the high court to implead her as aparty in his writ petition. her implead petition was numbered.

now the writ petition is pending from the past 8 months in high court as it is not coming into list.

But the writ petition is not coming in to the daily list. even if it is being mentioned also , it is not coming to list or it is not coming/reaching to before judge.

my advocate is trying sereiously to mention it in the high court daily list. As my sister husband is playing tricks and managing the high court clerks through his advocate, the writ petiiton is not coming into list. even if my advocate mentioned and took the receipt from the clerk also, WP is not coming into list. my advocate already requested registrar of high court to put the writ petition in the list. but the registrar also help less. my sister husband passport will be going to expire by october 2010 , he will get another passport from indian passport authoriites in USA by suppressing the facts and by using this stay. my advocate already told this to high court clerks and asked to list the writ petition. but there is no use.

We knew that my sister husband manages the clerks years together also. we are very much worrying about this.

In this case , I kindly request you to advise us.

1) how the writ petition will be listed and reach? how can we proceed ?

3) can we approach high court through another writ petition seeking for direction to list above writ petiiton and dispose it immediately? if yes, who will be directed by the high court to put the above writ petition in the list?

whom will take the responsibility to put the above writ petition in the list?

even after the high direction also, if the writ petition is not coming to list, what should we do?

your help will be greatly helpful to us. thanks in advance.

2 Answers from Attorneys

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