North Indians fighting child custody cases in the courts back home can look forward to expeditious disposal of their cases. 13 May 2009. The High Court of Punjab and Haryana in India with jurisdiction over the two states and capital Chandigarh has asked the courts to decide within three months all child custody cases pending for over six months.
The problem faced by the immigrants in all such cases is acute.In some cases, the estranged partner simply “kidnaps” the child, takes the little one to India, and files a case for custody in a local court.
Or else, you may find yourself in a situation where your partner has violated the foreign court order and has takes the child to India.
In all such cases, you are compelled to move the courts in India for the implementation of the order passed in your favour by the foreign court. The cases take their own time for disposal. The issue has been a matter of debate in international conferences since long.
In its order, the High Court at Chandigarh has also empowered the district judges to deal with dereliction, if any, on part of the judicial officer in doing so. The directions to implement a hands-on approach for calling off unwarranted delays have been given by Justice S.D. Anand of the High Court.
The Judge has asserted the matters pertaining to child custody require utmost and expeditious consideration. In case of embitterment between the estranged spouses, it is the child who actually bears the brunt. They are deprived of simultaneous love and affection of both the parents. It is they who suffer emotionally, and in silence too.
"In so far as the matters which are already six months old are concerned, the courts concerned shall ensure their final disposal with three months from the date of this order.
"It will be personal administrative responsibility of the district judge to keep tab on the progress of the cases falling in the category. If the district judge finds any dereliction on the part of the judicial officer concerned in expeditious disposal of cases of the category, he shall pass appropriate order on the administrative side; and if required refer the matter to the high court for appropriate order in this context.
"If required, the court shall be entitled to consider duly notified preponement of the priority area litigation of the indicated category.
"If there is any peculiar difficulty experienced by the judicial officer in the final disposal, he shall be under duty to intimate facts hindering the progress to the district judges, who shall pass on that information to the high court," Justice Anand concluded.