Vinit Kumar (Engg.) 23 September 2018

Recieved a letter from responded on behalf of judge

Dear All,

I have a Query which is regarding Divorce case.

there is divorce case between my and my wife, petiiotn was filled on March this year with mutual conesnt, At present I am not in india, when petition filled at that time I have already informed the court that I am moving from india, still court was not ready to decree same, day. We are seperate more the two year (Since Nov 2015),

Previous to this she files false 498A and DV with CRPC125 (I have a 3.5 yeras ols kid who is in his custody), at the time of mtual consent i paid 7.50 Lakh for all and she has given consent that she will not filed any case againest me in written. and she reveret the all three cases(498, DV and 125).

My Decree date was 11th Sep , As Family court sits at my place only three days and 11th was not that so date extended to 10th Oct.

before two three days I got mail from her in which she state -- " she is writing this mail on behlf of family court Judge" in whihc she metnioned if I will not be there this case will be reject and all ther case will reopn with other charges.

My Question is

1. is it possible A judge can said to petioitner/responded on behalf of him/her to write mail/letter to other party ?

2. If Point one possible doeas that mean judge is biased with one Party ?

3. Or She mailed me without Judge permission >

What should I do all cases As its not easy to go india for this 10th Oct.

Apprciating you help please.

Reply Follow

7 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 23 September 2018

Instruct your advocate to appear on 10th October in court and seek adjjournment to a day, which is convenient to you and by which date you can come and give your consent in second motion.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 23 September 2018

1. No. 2. Yes. 3. At her own. Now come to your real problem. As you are able to attend the court on 10th Oct, 2018, give Special Power of Attorney to any persin of your confidence to record final statement on your behalf in the court as mere presence of your lawyer shall not meet the requirement of law. POA should be got countersigned in Indian High Commission/Consulate.

TGK REDDI 23 September 2018

There's no provision of sending a letter on behalf of a judge.

Vinit Kumar (Engg.) 24 September 2018

Thank you all for your reply My lowyer will go that day. Now do i have any chance to lodge complaint againest her as she threatned me on behalf of judge. Another question - by any chance will it possible she can reopen any case as she has given statement already that there is no act done by me or my family of 498 ir DV. Or can she reopen crpc 125 . Here as per our compromise she accepted she will never file any case againest me. Pls suggest at any scenario she can reopen or open fresh case againest me Thanks in advance

G.L.N. Prasad (Retired employee.) 24 September 2018

What ever submissions are there, you have to submit the same with such documents before the Hon.Judge. It is your duty to appear before court (through advocate or through POA) and make submissions. Please avoid "come what may" and "assuming" things in court proceedings and always act as per Advises of your advocates. Open forum is not the proper way to find remedy and some times you may be frightened to hear examples of past cases by these consultations. Ask your parents or siblings to find a sincere Advocate that is in good books of the concerned judge.