Please help – case pending in Supreme Court for 5 years – No hearing

[Adarsh Meharwade]

Sir, i had filed a divorce petition in Family Court Bangalore in 2010. The opponent filled a petition for transfer of case to Hubli Court in Dharwad High Court. The matter was disposed favoring me. Later in 2012, the opponent approached Supreme Court and their petition was admitted and the proceedings were stayed at Bangalore. I didn’t appear thinking that the matter will be made ex party and disposed favoring the opponent. It’s around 5 years now and my case is still stayed. Last year Nov, i visited Supreme Court and approached the Legal Aid Services. An advocate has been appointed on my behalf but the matter is not getting listed. Whenever i speak to the advocate, i get a reply that they did their part and listing will be taken care by the computer itself. Sir, how long should i wait still? Is there any way to get my case listed? I absolutely have no objection whether the case proceeds at Bangalore or Hubli. Thanks.

[Dr. Ashok Dhamija]

It appears that your case is numbered as a regular Civil Appeal No. 6178 of 2012. Initially, it was filed as SLP and thereafter it was converted into a Civil Appeal after leave being granted in 2012.

Due to heavy pendency in Supreme Court, hearing of Civil Appeals is generally done as per the seniority of filing of the case. The cases are listed as per queue. Right now, no further date is being shown in your case. As per the queue, a date will be notified by computer in turn, as per the system in the Supreme Court. So, you should have patience.

If you have urgency, your advocate can mention the matter before the Chief Justice court and request for early hearing citing the ground of urgency. If the court agrees, your matter may be listed earlier. Otherwise, you may have to wait for your turn.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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