LawRato

Judge not taking up my Application for Arguments since last 2 Years


02-Nov-2025 (In Divorce Law)
I filed application under Sec 91 CrPC 2 years ago but the judge has not taken it up for arguments since last 2 years despite verbal requests and same is pending. He has taken up OP's application which were filed after mine including one under Sec 91 CrPC for arguments but not mine which was filed before her applications. What application/objection could I file for judge to take up my application.
Answers (3)

Answer #1
882 votes
In your case, since your application under Section 91 Cr.P.C. has been pending for 2 years without being heard, while subsequent applications of the opposite party have been taken up, you should file a Written Application/Prayer for Early Hearing and Disposal of your pending application. You may move an application titled “Application for Taking up Pending Application for Hearing” or “Application under Section 309 Cr.P.C. read with inherent powers of the Court for Early Hearing”. In this, you should specifically mention the date of filing, its pendency period, and the fact that applications filed later by the opposite party have already been heard, which causes prejudice to your case.
Helpful? LawRato LawRato
Advocate Ashish Kumar

Adv. Ashish Kumar

LawRato Delhi | 25+ Answers
Chat with Advocate Ashish Kumar Chat 
Answer #2
586 votes
You may file an application for early hearing or priority listing before the same court, requesting that your pending application under Section 91 CrPC be taken up for arguments. Mention clearly in your application that despite repeated oral requests, the matter has not been heard for over two years while subsequent applications of the opposite party have been considered. You can also move a written objection or a “petition for direction” highlighting this procedural irregularity and seeking appropriate orders. If the court still does not list your application, you can approach the supervisory jurisdiction of the District & Sessions Judge under Section 408 CrPC or file a revision petition under Section 397 CrPC before the higher court, praying for direction to decide your pending application expeditiously.
Helpful? LawRato LawRato
Advocate Ashwin Garg

Adv. Ashwin Garg

LawRatoDelhi | 25+ Answers
Chat with Advocate Ashwin Garg Chat 
Answer #3
652 votes
If you are appearing in person, it might be possible you are not able to convey the judge properly. You can file one. miscellaneous application to take your application and adjudicate that application before dispose off any interim maintenance application
Helpful? LawRato LawRato
Advocate Drishti Mittal

Adv. Drishti Mittal

LawRatoDelhi | 25+ Answers
Chat with Advocate Drishti Mittal Chat 

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?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
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."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato