Hi, in continuation to my earlier questions asked, my husband lawyer turned up to admit his statement to which the court asked my husband to be present in the court for next hearing but my husband did not turn up and thus the court ordered a penalty. When we applied for a certified copy of my husband statement, the court clerks are claiming that my original file as in the court is missing, hence no certified copies can be provided. Please advise what should be my actionable now.
Asked 12 months ago in Family Law from Mumbai, Maharashtra
Files going missing is a routine affair in the courts as in most courts the files lie in shambles. You should file a complaint against the court staff to the judge who will direct the tracing of file. Unless the file is traced the certified copy cannot be prepared.
1) on next date draw attention of court to said fact that although you applied for certified copy of husband statement no copy was provided on grounds that original file is missing
2) court will direct registry to trace the original file and provide you certified copy
1) The court is bound to give a certified copy if you apply for it and pay the fee prescribed.
2) You can file a complaint to the Registrar regarding the refusal to provide the certified copy and seek an explanation.The court would certainly have the original.
you can file a pursis / application before the court about the same.
it is the responsibility of the court staff to locate the file and get you the certified copy.
let the court order an inquiry on this.
Tell your advocate to take step to move an application for the same.
Hi, you have to lodge a complaint in the Court for missing the file.
2. It is the duty of the court to keep the file and if they show negligence in maintaining the file then concerned clerk will suspended for derilation of his duty.
you may file a complaint in district court against the clerk. If that file is actually missing court provides duplicate copy of petition from the suit register of the court. However facts are recorded in suit register in nutshell but you can complete it with the leave of the court.
There is a fraud going on in the court may be influenced by your husband's lawyer. You can express your grievance in the open court before the judge stating that you have been meted out injustice by not supplying you the certified copies of the documents requested stating some flimsy reason. The court bundle will not go missing, even if it is so, it will become the responsibility of the clerk under whose custody it was kept, he can be subjected to disciplinary action including suspension or even termination from employment if he is found to have involved in this scandal.
You may give a representation in writing in the open court about this and seek remedy from the judge of the court, let them answer.
file an application before the court regarding the same, the court will direct to court clark/ahlemd to search the file and provide the same.
Advocate, New Delhi