Court is deliberately listing my case on holiday. I filed divorce (annulment of marriage) against my wife under section 12a after 4 months of marriage because of her medical conditions. To avenge it she put the below charges against me i.e. 489a, 323, section 9, 125 crpc as well as 313 (miscarriage). All the above cases are false. After that, she is not appearing in court and her advocate is forwarding the date of appearance to some non-working days 2 months in future. Out of the total three dates, one day one senior advocate expired. Other two days were non-working days for the judge as he was supposed to attend the camp court at a different location.
Can I complain in writing to the judge against the court staff who are forwarding the case to non-working days and prepone the date. Her cases were filed 2 months after my divorce case. She has been staying in my parents flat since then forcefully with an external lock and stopped our access. My parents had to shift to a village.
You can complain against the listing on holiday with the intention to prolong the case. It seems that the court is not willing to take further steps after filing the case.
In this situation you can move an application to the district judge seeking direction that the court shall not give unnecessary adjournments and put up a case on the date of working.
However, if there is a holiday on the date fixed by the court the case generally will be heard on the next date. If there is inordinate delay in the listing in your case then you have another option to approach the high court under Article 227 of the constitution of India for direction to expeditious disposal of the case.
