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Getting the Indian Court Order

Once the NOC is issued, the SAA/orphanage is responsible for applying for the court order.

  1. Make sure your agency has sent the dossier to the SAA along with a Power of Attorney for the social worker who will represent you in the court.
  2. Make sure you the USCIS Provisional Approval of I-800 and submitted the DS-260 application online.
  3. You should be in contact with the SAA social worker about court details – when the case will be filed, in which court, etc. You can also ask for contact information for the attorney handling the case, though you don’t need to be in touch with them.
  4. Once the court application is filed, CARA guidelines and past Supreme Court verdicts require the court order to be issued within 60 days (Sec 61 (2) of the JJ Act & Reg 12 (6) of AR 2017). Unfortunately, this doesn’t happen in most cases and you might need CARA to intervene.
  5. You can track the status of your case via the India court case status tracking system. You can select the state and location and search for your case status by case number or party name
  6. The court process typically goes through the following stages: CASE FILED  →  SUMMONS → EVIDENCE → ARGUMENTS → ORDERS

If a SUMMONS date isn’t assigned within two weeks of filing or any of the subsequent court dates are not assigned within a week, you should:

  1. First contact your attorney and ask them to request for a pull-in of the date
  2. CARA has a special counsel and you should get in touch. As of March 2019, the contact is Mr. Kapil, who handles the CARA Legal department. His contact number is +911126760340.
  3. Contact the Ministry of Women and Child Development. The minister in charge is Maneka Gandhi.

Both CARA and the Ministry offices are helpful, so don’t worry about escalating as needed. And be aware that Indian courts are closed during the month of May for summer holidays, so if you are up against this holiday period, push to get the court order sooner.

After a judge issues a ruling, it typically takes seven to ten days for the order to be issued.

 

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