Vivek's legal notes

 8th Oct 2021 - travelled at 3:15-730am from chandigarh to Delhi to file the petition. Advocate and his assistant explained some of the lines in my petition that they wanted to remove. 17th Nov 2021 -  first date of the court. The plan was to tell court that I am undergoing immense suffering and so is the child. The request was  a) to grant ex parte ad interim relief to allow 10 mins daily video calls  b) to issue summons through all modes which includes email and whatsapp. Advocate need to send on email & whatsapp and then file 65b. He has to make efforts.  c) to recognize that the 2 yr gap is not because of my fault.  I used past tense above because on the morning of 17th at 10:05 am, I learnt that judge is on leave. Yes, I took leave from office to travel. I had taken 3:15 am train again and stuffed myself with 2 inners, 1 sweater, 1 jacket, 1 shawl to save myself from cold and get some sleep. I was mostly sleepless in the night and rehearsing my 3 r...

 Recent judgment of Hon'ble Karnataka High Court in WRIT PETITION NO.101082/2021 (GM-CPC) on 9th August, 2021, where the following broad guidelines are issued to all family and trial courts in dealing with issue relating to interim custody and visitation rights of minor children for smooth, effective and speedy disposal of such interim custody applications: a. The separation of the minor from the parent during the pendency of the case is detrimental to the welfare of the child. b. Notwithstanding allegations made by either party, interim custody applications must be decided on the sole basis of the welfare of the child. c. There exists no indefeasible right to deny custody of either parent of the minor. d. Whenever such interim custody applications are filed, the respective family courts must dispose of such cases within a reasonable time period of NOT MORE THAN THIRTY DAYS. Judgment can be downloaded from: http://karnatakajudiciary.kar.nic.in:8080/repository/rep_judgm...