LawRato

Can I file a new A227 petition after previous A227 was disposed off


02-Nov-2024 (In Divorce Law)
I filed an A227 petition in Lucknow High Court seeking expeditious disposal of the custody case running in family court. High court disposed off the petition saying that file an expeditious disposal application in family court along with this order. I did that. Family court is sitting on my application for past 2 months, not passing any order. Can I file a fresh A227 petition seeking same relief as sought in previous A227 since family court is reluctant to process exp. disposal application?
Answers (5)

Answer #1
806 votes
your petition under article 227 will keep a check on the family court further the question of custody of the child if Any. the wife can ask for the custody of the child further no petition under article 227 if there is no error apparent on face of record
Helpful? LawRato LawRato
Answer #2
832 votes
on the above mentioned query please clarify the status of your case. in which year the case registered. kya opposite party appear ho gayi hai. agar appear ho gayi hai to kya apna objection dakhil kar dia hai. kya status hai file ka.
in previous writ, I think the high court ordered expeditious disposal within 3 months. if this is it, then you have to be wait till 3 months.
if your advocate is not active so you have to change or engage another advocate.
Helpful? LawRato LawRato
Answer #3
524 votes
First you should provide details how long since you have file custody case.
you have to quarter reason why you want to try the case expeditiously. you can file application for expenditure trial in district family court. if the same application has been rejected by district family court then you can go in appeal to High Court for expeditious trial with the proper and just reason.
Helpful? LawRato LawRato
Answer #4
908 votes
No you cannot file another application under A227 when an already direction has been given in a case. just peruse the case of family mentioning the Direction of High Court and if Lower court does not proceed you have option to file contempt petition.
Helpful? LawRato LawRato
Answer #5
630 votes
yes , you can file again A227 petition.
but you must annexe entire order sheet.
you must also annexe previous order of court to your new A227 writ.
This time the prayer should be for time bond disposal.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."