Ria
20 September 2009 at 12:58
Respected Experts,
Mine is a divorce petition which I instituted 5 years back in Thane district court, Maharashtra. In the 5th year my case was transferred to the fast track court that is on 21st march 2009. My husband did not appear in fast track court for 4 months after the transfer, therefore I made an application for deciding the case Exparte. . (Iam appearing party in person)
Before passing an Exparte order the judge issued a notice to my husband’s lawyer informing about the transfer of the case to the fast track court as my husband’s current residence address is not known. The 2 lawyers on record are father and the son. The advocate father received and signed the notice but still they did not appear in the court for the next 4 hearings.
Surprisingly on the very same day after 4 months, when the final Exparte order was to be passed, my husbands advocate applied to the setting aside Exparte order on the grounds of non-receipt of the notice of transfer of case to fast track court. The judge Justice M.H. Belosay of thane district court, room no. 225, accepted the application to set aside Exparte and gave a date for argument on the application.
However the judge seemed biased and does not pay attention to my pleadings as:
1) Judge Belosay did not at all give me an adequate opportunity to present my side of argument, and listened properly only to my husbands lawyers argument.
2) Whenever I presents any application like recovery of interim maintenance due petition, say on setting aside Exparte application and other legal application the judge tries to put me down by saying: My god!!! How many applications are you presenting?
3) There is a discrepancy in the cause list – the online status of the case is stated as dismissed on April 21st 2009 (reason stated – contested or otherwise), but in reality the case I still going on in the court. On the date of the hearing the court clerk refuses to list my case on the cause list even after bringing that to her notice though the case is heard. And screams and shouts at me if I request her for having a look at the Roznama, when same is given to my husband’s lawyer, without any tantrums by the court clerk.
4) Also the court clerk did not put on record the bailiff report of my husband’s lawyer having signed and received the notice of transfer of case. When I found out that the report/receipt is missing, shockingly she replied that she has no time to see where it is and that it must be lying somewhere around the court files. When I said that I will complain if the report is not found, after 4 hours without any need for searching she gave it to me from the cupboard nearby, as she knew it was there.
5) Judge Belosay even though there was prima facie evidence on record in the court, that my husbands lawyer has received the transfer of case to fast tract court notice, set aside the order to proceed Exparte stating that they did not receive the notice as a family member of my husband’s lawyer had received the notice.
Iam totally depressed by this injustice I have to face, Iam feeling helpless. I want to appeal against the setting aside of Exparte order. Please guide as to where should I file the appeal, in the High Court of Mumbai or in the same court i.e. district court of Thane.
Also please advice as to how to proceed against court clerk and bring to the notice the discrepancies going on in fast track court.
riven
Sandeep Chatre
20 September 2009 at 12:22
Dear Sir,
Please tell me various forms/registers to be maintained under Maharashtra Shops & Establishment Act 1961 and samples therefore.riven
rakesh dahiya
20 September 2009 at 11:03
please tell me about the rights( and responsibilities) of a citizen to form and be a part of a union
and how are these rights protcetd in our constitution.
can any person or a body be restrained/directed/reprimanded for trying to break a leagally formed union.riven
Sanjay Gadhiya
20 September 2009 at 08:35
I have booked a flat in Sapphire Park, Pune in December 2007. I had paid the entire sum with ADF facility of ICICI Bank and my cheques. Possession of the flat was promised by October 2008 as per agreement. After several followups I sent them letter noticing them that I want to cancel the booking. Builder is neither responding to my letters not he is ready to meet me in person when I go to his office. I have paid him 50lacs and am paying interest on the same to Bank. Flat is still not ready. As per agreement he is suppose to pay me interest @ 12%. But his person at site tells me that they dont pay. What can I do? Please help.riven
Munish Kumar Garg
20 September 2009 at 08:32
I am already engaged in this case on behalf of Male/ Husband Petitioner. The spouse with my client was married in 1999 and she was already effected with some serious diseases (Not the sexual one) and she did not tell my client about this fact at the time of marriage and even right now they are seperated from last 7 years. My case was still pending in the family court and the women/ respondent already accepted that we are not living jointly from last 3 years and not accepting the remaining period, as she made an allegation for not giving the divorce to my client is that we had not provide the medical treatment for curing her diseases.
So please tell me what i have to do in this case for getting the divorce.
Thanks in advanceriven
P.S.Subbaraman
20 September 2009 at 08:29
If injunction is not granted by the trial court, then whether ordering notice to the respondents is appealable or whether the same can be challenged under Article 227 of the Constitution of India ?Any case laws ?riven
emveeemvee
20 September 2009 at 02:24
Is there provision to have stay order from hi court against possession notice given by the Bank (under sarfaresi act ) with eviction order from CJM court and also for police protection ?riven
jaya
20 September 2009 at 00:57
A judgement is passed in favour of the employer in a case filed by an employee against the employer in Division Bench. On appeal by the employee , single judge in High Court has given judgement in favour of the employee . But on appeal by the employer, bench having 2 high court judges, passed judgement in favour of the employer giving reason that the single judge either not taken into view the earlier judgement passed by the division bench or not referred the case for larger bench in case of disagreement with the judgement by dn bench. Whether this is correct ? Pl give yr views.riven
Suresh C Mishra
19 September 2009 at 22:47
in one case in the year May 2006 the HSC has sent jail to one siting Minister , i want the party name and citation for the purpose of the study of this case. Pl help me.riven
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value of subsequent orders
if foundation order is setaside by court than what is the value of other orders or transactions based on that foundation order?
describe it in detail n if u have citations than plz give me also.riven