1) you need certified copy of judgment passed by family court for filing appeal in HC
2) apply for certified copy of order
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??
1) you need certified copy of judgment passed by family court for filing appeal in HC
2) apply for certified copy of order
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.
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.
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
A contempt petition was filed by me against wife fr not following interim custody orders...nw gw case is dimissed...wll comtempt applction too be dismiised????it is at stage of consideration and at this stage wife filed applction fr removing exparte as she is exparte in contempt petition....can high court be approached by me to decde contempt petition itself or can club it with dismssed gw petition??? Judge is delaying judgement so tht vacations strt in high court...she told me today wll give aftr 4-5days...tht means aftr 7-8days of oral decision....
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?
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
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
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.
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.
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.
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.
You need to first get the certified copy of written order from the court. Later you can file the appeal in HC.
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.