Can judges be biased?
Mallesh G
(Querist) 09 October 2017
This query is : Resolved
I have divorce case going on for past 10 years. Each time judge gives date for pretitioner cross examination, my advocate tells, lets take another date, opposite lawyer also does some excuse and judge kept on giving dates after dates like this past 6 years gone. Either opposite party senior is not in town, or has fallen ill or has some other case on same day. Sometimes my advocate does not appear.
Finally my cross needs to be done. But my advocate telling, this judge is not good, always in favor of women, let us wait till she gets transferred as vacation is coming for courts.
Now I begin to sense foul play all along.
This is my 5th advocate.
Advocates may give their opinion. How to tackle this problem.
Mallesh G
(Querist) 09 October 2017
Please dont give replies as insufficient information, dont have full details.
Vijay Raj Mahajan
(Expert) 10 October 2017
6 years gone another 6 years to go, standing in square 1 will remain there unless you get divorce and that will come you way only if both come to an agreement for divorce by mutual consent and for that how much financial burden you are ready to bear you have to see.
5 advocates changed thinking at each time you'll be successful but, alas that couldn't happen.
Judges sitting in one court remains for 2-3 years tenure only and to blame a particular judge for being bais is not good.
Number of pending cases in Family courts increases every day and will continue to do so.
For last 63 years the 1955 Act, the Hindu Marriage Act with grounds for divorce which never get proved whatever one tries and calling it irretrievably broken marriage which by itself is not ground for divorce is tragedy in our society.
Judiciary can only adjudicate not legislate and legislature of the country is making law which are least important but the one more important for individual's own life.
In your case on next date insist for completion of evidence/cross examination and if you present advocate is not cooperating,then let 6th advocate take his place who will work under your instructions.
Rajendra K Goyal
(Expert) 10 October 2017
Ask your lawyer to complete the cross.
Agree with the advice from expert Vijay Raj Mahajan.
Mallesh G
(Querist) 11 October 2017
Thank you sir for the reply. My cross should be done by the opposite party lawyer. Each time opposite party lawyer takes date citing some reason or other. Why will court accept any reason for asking another date by my advocate is not what I understand. With lot of argument with my advocate, he did my evidence in last date. now next date is for petitioner cross examination which is to be done by the opposite party lawyer.
Both the advocates, mine and opposite party's is hand and glove and doing all this. What to do?
Rajendra K Goyal
(Expert) 14 October 2017
Your lawyer should oppose the prayer from other side and plead to slap heavy cost on other party.
Guest
(Expert) 14 October 2017
Dates is the major drawback of the justice system.
If judge is not good, as per your lawyer's statement, you have the need to realize that your own lawyer is incompetent, who is unable to convince the judge on his points of view.
