Complaint against judge
irfan
(Querist) 22 September 2016
This query is : Resolved
Dear experts,
Thank you for your great support in my previous queries. I wish to raise one more query and seek your valuable time and support.
In the DV dismissal application was submitted from my end however; neither any say from other side nor order has been given by judge.
Post my application her advocate requested time & approached us for compromise. Accordingly we have given 50k and khula to her.
Following which she submitted withdrawal application in DV and our signature is also been done on the same moreover both side advocate were signed. This activity was done front of judge however, on order kept pending and the next date given.
She did not appear in 5 dates and her advocate keeps promising that she will attend next date. All of sudden an advocate change application submitted by her, we strongly objected however judge allowed. After learning the fact her advocate appear and denied to handle her case.
We have strongly requested judge to decide on our pending dismissal applications. Judge assured my advocate that on next date she will order on our dismissal application.
However, on next date again an advocate change request submitted by wife. Judge did not order on our application but accepted the advocate change request and next date given.
Judge seems to be biased and no uniformity in my case. All my application are pending, even withdrawal application but she has allowed new applications of advocate change application instead of order on pending one.
I do not know where is my case going what would the stages. Please guide me how to do I complaint against judge and what are the stages if judge do not order on withdrawal application.
Devajyoti Barman
(Expert) 22 September 2016
Apply for transfer of the case to another Magistrate. This is permissible.
dev kapoor
(Expert) 23 September 2016
Hi Irfan,
Yours is a sad story of a biased judge (presumably) but that's not the be all & end all.Procexural wrangles may bother a ltiigant but law has to tame its own course.Wheras you do have an option as suggested by experts but why don't you file a Misc application seeking personal appearance of the lady with the direction to make a statement before the court whether her application for withdrawal of DV case is involuntary? If so,what were the compelling reasons to make an application/statement,which mislead the court & pray for lodging a complaint under section 186 PIC.
Now if the said judge does not act on your application you have sufficient grounds for filing Transfer application...
Allowing application for newly appointed advocate does not by itself give you any reasonable ground for TA.
Other circumstances are fragile for a TA as the lady can tell the superior court she was mislead by EARLIER advocate....depending upon her intentions.
Hv a good day.
Raj Kumar Makkad
(Expert) 23 September 2016
Judge has not done anything wrong. A litigant has aright to change his advocate and there is no hard and fast rule to do so. A judge/magistrate cannot restrict a party to change his lawyer whereas your pending applications do demand the application of judicious mind after obtaining the reply of the opposite party which may take some time so there is no illegality which may give you cause of action to make any complaint against the said judicial officer.
irfan
(Querist) 23 September 2016
Dear experts,
Thank you for giving me the correct direction. Your time and efforts appreciated. We have notarised stamp paper wherein she took khula and accepted 50k as a full and final settlement. Also undertaking that she was filed case in misunderstanding. All these notarised work was done in the court premises wherein she and I also signed some register. One of third advocate singed stating that both party singed front of him.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 September 2016
Marriage related cases have similar story all over the country.
No mistake of judge, you remained over confident and may be your or your relatives utterances out side court may have changed the atmosphere.
Even there are signatures of both parties the other side can retrace it.
Be polite,be political and try to solve the problem.We always give bank drafts and keep its clearance pending till final order in all such cases.
irfan
(Querist) 23 September 2016
Agreed and understood where we went wrong. Thank you.
Raj Kumar Makkad
(Expert) 23 September 2016
You should not take the things entirely wrong against you. You shall have to prove the affidavit signed by your wife in the court during your evidence. You have not lost anything as on day and if you prove it successfully, you shall be winner.
One more suggestion. You can also file a FIR of fraud against your ex.wife in the given facts.
irfan
(Querist) 23 September 2016
It's a great help to me. Thank you for giving hope and guidance.
Rajendra K Goyal
(Expert) 24 September 2016
Agree with the advice from expert raj kumar makkad.
irfan
(Querist) 11 January 2017
Dear Experts,
Please help me with your advice without any order my case was running on dates till date. Just now I learnt from my lawyer that my case is getting transfer from existing court.
This case has to be closed since complainant had already submitted withdrawal pursis order is still pending. What to do now?
