• Appeal

Gw case was filed by me...judge dismissed my case and not even granted me visitiation rights..she told this orally ...when asked fr judgement she said she had not written it yet...4-5days had passed....i want to appeal in high court ...wht should i do??
Asked 6 years ago in Family Law
Religion: Sikh

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15 Answers

1) you need certified copy of judgment passed by family court for filing appeal in HC

2) apply for certified copy of order

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

You should wait for the written order of the judge as you requiere certified copy of order, you cannot appeal on oral order.

You can check status on e courts if the case status is disposed and can enquire in court if order is passed or the date of order is given then after.order apply for certified copy challange same before the high court.

As the ground considered by the family judge needs to be challanged in high court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi,

First of all just wait for the judgment to come and in the meanwhile make an application for the certified copy and take out the certified copy of the judgment. Your right does'nt get close until the judgment comes.

You can appeal to superior court once the judgment comes.

Ritu Gaur
Advocate, Delhi
35 Answers

5.0 on 5.0

1. File an application with the trial judge to dictate and pass written order as you wish to challenge the same in high court

2. you will need to file a Writ Petition in High court.

3. but for that you will need the order of lower court

4. since order is not available, you can use the application which you filed before lower court for passing and signing order

5. however bear in mind that the high court will entertain your petition and take it up for hearing only if there is grave urgency in the matter and substantial time has lapsed for passing of order by lower court

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

1. dismissal of GW case will not affect the contempt petition

2. high court will decide the contempt petition

3. is there any pressing urgency due to which you want to move the High Court immediately?

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

hello,

contempt petition can only be filed against a non-compliance of an order/judgment of a court of law. I am not able to fully understand the matter, kindly elaborate the same chronologically.

regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

contempt petition has been infructous as custody application has been dismissed

2) dont file any petition in HC for contempt at this stage

3) only file appeal against dismissal of your GW application

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

1. once main suit is disposed of then all the interlocutory applications will also come to an end.

2. To prefer an appeal you need the certified copy of the judgment and decree and hence you have no option but to wait for final decision.

3. In the appeal before the high court you can again apply for interim visitation right which is likely to be allowed.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

You can apply for certified copy of the judgement and once it is received you may prefer an appeal.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

Any petition filed in the main petition shall stand disposed while the main petition is disposed.

You can prefer appeal against the main case alone because the other petitions become infructuous at appeal because they are for interim relief alone.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

Firstly, as per I can understand from you quests is that initially visiting rights were given to you but for temporary purpose.

Secondly, if my understanding is right then as the petition has already been dismissed so you may not be able to prove her contempt eventually.

Thirdly, but yes as she didn’t complied with the orders before getting the same petition dismissed then she should e held liable for contempt.

Fourthly, as per my experience, she may held guilty for the same but may not be prosecuted as it is the matrimonial case and court would also think about the child interest.

Still Good Luck.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Yes the contempt petition can be dismissed by court as the stay is vacated now further if appeal is filed by you you can pray before court to club both the petition. See oral order cannot be appealed you need a written order certified copy to file an appeal till then you may pursue the contempt petition.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need to first get the certified copy of written order from the court. Later you can file the appeal in HC.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dismissal of the GW case would have bearing on your contempt case as would be treated as infructuous.

It's better that you wait for the order, so as to file appeal against the lower court order. Once you get the CC, you can file an appeal in HC.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Yes, contempt will be dismissed as case below the lower court is dismissed. wait for the judgment for couple of days, sometime it takes time for the judge to pass the written order. It may even take a month. You can file an appeal in high court.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

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