Advice for my family court case
asmita0009
(Querist) 29 March 2015
This query is : Resolved
in my family court case filed by my Husband for marraige null and voide . i had attended all most all court dates since 2009 thinking that at least matter will resolve and i will get justice. But then after order for maintenance and travelling expenses court had passed nominal amount and done serious technical mistakes in orders so i and filled writ in High court. But then on my another application for streedhan court had not taken up the matter on Board and since 2009 matter was pending and my advocate had also not taken up cross of the Petitioner my Husband on streedhan issue and Then she had withdrawn herself from this case due to her health problem. So i had given application in family court that i want to complete cross of the Petitioner. BUt court had rejected my application in month of Nov 2014.
then suddenly due to Pressure of high court family court the newly appointed judge had started to give fast court date and with in two months in jan 2015 given judgement in favour of my husband without giving me opportunity for filling affidavit of myself and my witnesses saying that closer had been all ready filed and now i can not file my affidavit. Then i hnd given application in the family court to give me opportunity for filling my affidavit ,arguments etc and also informed that my writ in High court is pending and domestic violence act is also going on. But court had not given me the opportunity and passed the order in favour of my husband. Here i want to say that i am attending this case in person due to bad experiences of advocates and coming form other state . But i was fully confident that i will win this case without advocate. But as there was not advocate i was always dependent on court site . then i found that the court site was not updated as per Rojanama and the stage chief of the Respondent not listed on court site . Moreover as per Rojanam the stage chief of the Respondent was at that time when position of Judge was vacant. Further after appointment of New Judge the stage was not listed on Board during court dates or in Rojanma or online court site. so the stage chief of the respondent is only listed in Rojanama when position of judge was vacant. So,.this was absolutely carelessness of family court and injustice to me. Now i had got operative order copy and but the advocate of my husband had submitted this in High court and due to this my writ for enhancement of maintenance and travelling expenses which is pending in Mumbai High court has infructruous and matter is dismissed as infructruous.
So, now please guide me what i can do in this matter now ? what are the options ? what i can do in matter of my Writ and DV case ? Kindly advice. So that i can take the decision to appoint advocate and take up the matter for further procedure.Meanwhile i ahd filed RTi first appeal to principal judged and demanded informations on this issues .
Devajyoti Barman
(Expert) 29 March 2015
It appears that ex-parte decision has been passed in the family court.
The conduct of the family court judge is not at all good and the judgment passed is otherwise unsustainable.
Go to high court The decisions of family court is certain to be set aside.
Devajyoti Barman
(Expert) 29 March 2015
It appears that ex-parte decision has been passed in the family court.
The conduct of the family court judge is not at all good and the judgment passed is otherwise unsustainable.
Go to high court The decisions of family court is certain to be set aside.
Rajendra K Goyal
(Expert) 29 March 2015
File appeal against the decision of the family court.
T. Kalaiselvan, Advocate
(Expert) 03 April 2015
You have an option to set aside the exparte decree (if it is exparte) in the same court or can prefer an appeal in the high court. The problem is with you that you have not followed up the case through the court office. Atleast now you take the help of a good advocate and fight your case in appeal.
