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Dino Mackenzy (Delivery Head)     22 November 2014

How to deal with biased judge

Hi All,

Many thanks for checking this post.

I am a victim of gender biased matrimonial laws. I am not only fighting against false cases but also facing biased nature of Judge for one of cases. One of the cases has been filed under CrPC 125 in which Smt.498a is demanding Rs.25, 000 per month as monthly maintenance. There is no evidence submitted by Smt. 498a in support of her allegation during Evidence stage. She only has given affidavit by lying on an oath. It is also important to note that the reason behind desertion of wife by husband itself is not clear as the reason stated by Smt.498a into affidavit submitted for this case and reason stated by Smt.498a into FIR lodged is altogether different.

Even though Judge appointed for case filed under CrPC 125 is well aware of the all these facts he seems to be having soft corners towards Smt.498a and treating husband like criminal. He is misusing his power to harass husband by every possible way. After experiencing his perverse nature I am of the opinion that his final order will definitely biased even if I will prove all allegations from Smt.498a false. I wish to avoid such situation by taking correct measurable steps before time goes out of my hand.

I would appreciate if fellow members can share their views/thoughts on how to deal with such biased Judges and what should be my step forward. Note that I can’t demand transfer of case to another court as this is only Court at my District which looks into CrPC 125 matters .Hence it complete monopoly of a Judge here.

Please suggest. Many Thanks in advance!

 

 



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 2 Replies

Dino Mackenzy (Delivery Head)     23 November 2014

Hello Guys - Please suggest !


(Guest)

Its the same for everybody.  The writing is on the wall.

You will find fault in the system itself.  Thats the situation now and it has been the same since ages.  Indian laws support women, but its in the hands of your lawyer to fight your case based on merits and get you out of this mess.

So, discuss this with your lawyer.

Or ask for forgiveness from wife and ask her to take back all such headache creating cases.


Or you can also ask for transfer of your case to some other court by approaching HC just like Jayalalitha did.

What I have seen is that, do like this and who knows you will find a bigger devil in the new judge/magistrate.  There is a saying, known devil is better than unknown one.  You can complaint to HC regarding biasedness of said Ld Judge, this may also backfire, what if he will order some bull sh*t and make you roam to court for another 5-6 years?


Better to fight case based on merits.


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