• Injunction, court vacations, no written arguments, what to do next?

I have a child custody case in Family Court, Bangalore, India. The Judge heard both side arguments on Interim Applications and posted for orders on 23rd April 2025. But, Courts will go on vacation from 24th April, 2025. 
Both sides have not filed any written arguments. 
1. If I get a bad order, how soon can I go to High Court for getting a "Stay" on the orders/ Will I have to wait till June 1st, when courts re-open or go to vacation bench?
2. Currently there is an injunction not to remove the child from Bangalore jurisdiction. If the judge vacates the injunction, can my wife move the child to her hometown and get the child admitted to school by June? After that, how easy will it be to bring the child back to Bangalore?
3. Is it a better idea to file written arguments on next date of hearing?
Asked 24 days ago in Family Law
Religion: Hindu

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9 Answers

You need to apply  for certified copy of the court order for approaching the High Court

 

2) on receipt of certified copy you can file appeal 

 

3) you can file appeal in vacation as high court would be open for filing purposes 

 

4) if there is urgency you can seek stay order before vacation bench 

 

5) no need to file written arguments as case is posted fir orders 

Ajay Sethi
Advocate, Mumbai
98426 Answers
8006 Consultations

1. There is no time limit for revisional order in high court against family court but 3 months time is taken as a normal convention.

2. Yes

3. Yes always.

Devajyoti Barman
Advocate, Kolkata
23501 Answers
530 Consultations

1. You can file a revision petition before high court if the interim order is against you.  But you may have to wait until the court resumes after vacation. Generally high courts don't entertain revision petitions in vacation courts. 

2. If the current injunction order is vacated then she is at her liberty to do whatever she wants to in the absence of restrictions. 

3. The written arguments is not mandatory besides filing it on the date of passing of orders may not fetch you fruitful result. 

T Kalaiselvan
Advocate, Vellore
88628 Answers
2403 Consultations

Yes it’s better to file WA. You can move to vacation bench in case of urgency 

Prashant Nayak
Advocate, Mumbai
33491 Answers
221 Consultations

1. As per law, you have 90 days time to file the Appeal before the High Court , and the said limitation will run after deducting the days of vacation. 

2. If the matter is fixed for the order of interim maintenance then the Court may not order for the vacate the child , however at the time of order you can mention for the same. 

3. The WA should be filed before the next date of hearing if the matter is fixed for order 

Mohammed Shahzad
Advocate, Delhi
15178 Answers
232 Consultations

  1. Adverse Order & High Court Stay:

    • You can approach the High Court's Vacation Bench immediately after an adverse order, no need to wait until the courts reopen in June.

  2. Injunction Vacated & Child Relocation:

    • If the injunction is vacated, your wife may move the child and enroll them in school, making it harder to reverse later. Swift action is needed to avoid this "fait accompli."

  3. Written Arguments:

    • File written arguments on or before the next hearing. This will strengthen your position and ensure your points are formally recorded.

Let me know if you need further details or a draft of any documents.

Shubham Goyal
Advocate, Delhi
1118 Answers
6 Consultations

 

  1. Filing any written arguments now will further delay the order as it is posted on 23rd for orders. Family Court works during vacations.
  2. You can file any petition if High Court after it reopens.
  3. Wife can take the child out of jurisdiction as she has time after order passed till the  High Court reopens. You can only approach High Court against such removal.

Ravi Shinde
Advocate, Hyderabad
4873 Answers
42 Consultations

Dear Sir,
According to the existing law and judicial practice in Karnataka, the following are elaborate answers to your questions concerning your child custody case pending before the Family Court, Bangalore:
1. If you receive a negative order on 23rd April 2025, when can you move the High Court for a stay? Do you have to wait until June 1st when courts resume or can you move the vacation bench?
Right to Appeal and Stay:
You are entitled to appeal the Family Court's order to the Karnataka High Court. Appeals in family cases such as custody are normally heard early in view of the sensitive nature entailing the well-being of a child.

Vacation Bench Availability:
Given the case at hand, you need not wait until June 1st when regular courts resume. You can instead choose to approach the vacation bench immediately after the order is delivered with a petition for stay or interim relief.

Practical Steps to be taken :

File the appeal and stay application at the earliest after the judgement.
Seek the urgent listing prior to vacation bench on grounds of welfare of the child and after elaborating the issues of injunction .
The courts usually give priority to such cases during vacations to avoid irreparable injury to the parties of the case.

2. If the existing injunction against removal of the child from Bangalore is vacated, can your wife relocate the child to her hometown and enroll the child in school by June? How simple will it be to bring the child back?
Effect of Vacating Injunction: If the Family Court quashes the injunction restraining removal of the child from Bangalore jurisdiction, by law your wife can move the child to her hometown.

Admission to School: As mentioned after moving from Bangalore, she can further choose to enroll the child in a school there by June, as the school admission is normally on the basis of residence and guardianship.

Difficulty in Bringing Child Back: It can be difficult and legally tricky to bring the child back to Bangalore after relocation. The custody orders and the child's ordinary residence are considered very crucial. You might be in a position to file a new custody petition in the new jurisdiction or file for modification of custody orders, which can be time-consuming and emotionally draining after relocation of the child

3. Is it a good idea to file written arguments on the next hearing date?
It is a cautious approach, particularly in sensitive cases with regard to that of child custody. Filing the written argument can be beneficial as it helps to:
Present your legal and factual arguments clearly.
The judge may also appreciate your side of the case fully.
Maintaining the record of your submissions, which is useful in appeals or review.
Improve your case and provides a positive impression on the record

Timing:
As the court has listed the case for orders and no written arguments have been filed so far, filing well-written written arguments on the next date or even prior to the vacation period can positively affect the court's decision.

Other Legal Considerations
The courts give precedence to the child's best interest and welfare over everything else in custody cases. The Courts commonly grant interim custody or visitation rights balancing the interests of both parents, particularly during pendency of final orders.

Anik Miu
Advocate, Bangalore
10625 Answers
123 Consultations

If you're not getting order in your favour you will have 60 days time to move before the appellant court excluding holidays.

Akhilesh Prasad
Advocate, Ranchi
2 Answers

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