Hello,
You may ask some local advocate who may enquire and see if some case has been filed.
Yes,definetly the same can be searched online.
Regards
How to find out if someone has approached the court seeking custody?
I’m assuming that My Maternal uncle has approached the district court to seek legal guardianship of My Maternal aunt (his sister) who is a mentally ill senior citizen. Is it possible for me to find out whether he has approached the district court ? Will there be any record with the clerk or any other employee if a request for custody is filed a couple of months ago ? Note: I checked the website of the court but as the case is yet to reach the first hearing and the court is yet to invite objections from the legal heirs , thus there is no defendant in the case till now and thus it has no record online
Asked 7 years ago in Family Law
Religion: Muslim
22 Answers
1. Conduct search online on the website of the concerned court. The case details are instituted the moment the case is filed even if the court has not yet issued the summons.
2. If the above method does not fructify then you have to do it manually in the concerned court with the assistance of a local lawyer.
hello
the court would send notices to the opposite parties who have the custody of the aunt. you can directly approach the court hearing such matters and go to the clerk's office and enquire about the same.
regards
1) you can take search in court records whether uncle has filed petition in district court seeking guardian ship of maternal aunt
2)it would reveal whether any petition has been filed by uncle
a summons is issued to one of the parties in the lawsuit, usually the person against whom a complaint has been filed. Most often, a summons is given to a defendant, requiring his or her presence to defend a case.
See you can search on district court website with uncle's name and sister's name . Further you can contact the court clerk he will inform you by seeing the record. Give an affidavit and take the certified copies of the application filed by uncle.
You can file an purshish before the court on first hearing date raising preliminary objection same.
You can engage the services of an advocate to probe into the matter and get the details of the case.
Once you get the details, you can file a petition to implead you as a necessary party to the suit.
Dear Client,
When u have got the case detail than appear in court to file application to implead as respondent. Hire local lawyer, he will trace the case details and next date of hearing.
File a caveat
- As per the information mentioned in the present query, makes it clear that you have inquired about the status of the case, and case is been showing pending for the first hearing.
- Now, I advice you to put objection in it if wish to, by impleadimg yourself as one of the defendant.
- For that, you will have to move an application for impleadment under order 1 rule 10 of CPC.
Hire a local advocate and give him all such details that you have. He do an inspection of the court records and let you know with all the relevant details
If the assets owned by the aforementioned mentally ill person exceed 1 crore will the petition be filled in the district court or the high court ?
Asked 7 years ago
District court shall be only having original jurisdiction for appointment of legal guardian.
petition under Section 53(1) & 53(3) of the Mental Health Act, 1987 for the appointment of petitioner, as the guardian should be filed in HC
It depends on the pecuniary jurisdiction as enforced locally.
Mostly it may be filed before high court.
High Court
But file a caveat in both District Court and High Court
District court.
Can a third party file a caveat? My uncle is the petitioner and he is seeking my aunt’s custody, thus my mothers name will nowhere be mentioned in the petition. Her existence as a legal heir will be known only after the judge invites objections on the first hearing .
Asked 7 years ago
Court would not appoint uncle as guardian without issue of notice to other family members
only After hearing objections if any received would court pass orders on uncle petition
Sir interested party can file a CAVEAT petition stating the reason but in case petition is already filed then in that case cavet is of no use directly file for objection and court will hear you.
Caveat can be filed by the party having interest in the subject matter.
Your mother can file a petition to implead het as a necessary party to the custody case if your uncle has not added her as a party to the case.
1. In a suit for declaration of guardianship and custody of the body of the person i.e physical custody, the question of pecuniary jurisdiction does not come into picture. It will be filed in District Court.
2. A caveat can be filed by anyone who apprehends that a court may pass an ex parte order against him.
yes, the petition would be filed in the HC. a caveat should be filed and then you can be sure of being given a hearing before any order is passed. you are not a third party but an interested party.
regards
Third party has no locus standi, only family members.
You can file objection on behalf of your mother or can file application of impleadment.