judges? public servent?
Querist :
Anonymous
(Querist) 12 November 2010
This query is : Resolved
what is a status of a judge in court?
is the judge have extra ordinery status?
is a judge not a public servent?
what compalint is liabie against judge and where?
R.Ramachandran
(Expert) 12 November 2010
Dear Anonymous,
You are putting the cart before the horse.
You have to tell as to what type of complaint that you want to make against the judge(s) and we will be able to say whether you can make such a complaint or not and if you can make, where to make.
Querist :
Anonymous
(Querist) 12 November 2010
sir its about matrimonial case where judge is not accepting any plea of husband and ex parte ordeing the relief to wife without fallowing the prudent norms of verification of truth of need of interim relief to wife
further judge never asked a question to wife to prove that she is in need of Rs. 10000/- p m
R.Ramachandran
(Expert) 12 November 2010
You are nobody to say whether the judge has followed any prudent norm or not. That is why he is a judge and you are one of the litigant.
If you are not satisfied with the order(s) passed by the judge concerned, you have provision to prefer an APPEAL with proper grounds.
You cannot complain against a judge for his judicial actions i.e. if the judgment / order passed by him does not suit you or that you think that they have been passed wrongly.
Querist :
Anonymous
(Querist) 12 November 2010
sir who will pay the expenses incurred on account of judge err?
R.Ramachandran
(Expert) 12 November 2010
Dear Anonymous,
I already answered you that you and I cannot say that the judge has erred.
If according to you the judge has erred then you have an option to appeal against the orders/judgment passed by the judge.
IF ON ACCOUNT OF ANY ERROR BY JUDGE (WHICH YOU FEEL SO), THEN THE EXPENSES IF ANY IN PREFERRING THE APPEAL HAS TO BE BORNE BY YOU AND YOU ALONE. If you do not want to incur any expenditure and do not want to prefer any appeal (even though you think that the order/judgment is wrong) then it is your choice.
Parthasarathi Loganathan
(Expert) 12 November 2010
Nice postings in this thread all round. Sooner or later there will be referral system introduced that, without the litigant preferring any appeal a third constitutionally appointed Independent authority will intervene and correct any Judgmental errors to restore the public faith and confidence in the Judiciary. That would be really great. That is my dream. Nothing is impossible.
When I started playing cricket as a school boy I never imagined in my faintest of dreams that Umpires' Referral System will be put in place. Now, it has become a reality even in international cricket.
mahendrakumar
(Expert) 13 November 2010
every such revolutionary thoughts were considered as "Utopian" initially.
Parthasarathi, I love your thoughts.
G. ARAVINTHAN
(Expert) 13 November 2010
Interim maintenance can be based on wife's needs and husband's income and not on merits
R.Ramachandran
(Expert) 13 November 2010
Dear Mr. Aravinthan, I do not agree with your views.
Even the interim maintenance which is based on wife's needs and husbands' paying capacity (income) is based on some merit and not on the whim and fancy of the judge. If it is not on merits then that itself will be a good ground for setting aside such an order.
Querist :
Anonymous
(Querist) 13 November 2010
sir without changing the quries i would like to put the fact as below--
it is a case wife vs husband + inlaws in d.v. act and 498a at two different places.
1)that the court did not called any domestic incendence report as per sec 12 provisions of the dv act. as under-
Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
2)that the court did not called both the parties for any counselling as per sec
14. Counselling.-
(1) The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counselling with any member of a service provider who possess such qualifications and experience in counselling as may be prescribed.(2) Where the Magistrate has issued any direction under sub-section (1), he shall fix the next date of hearing of the case within a period not exceeding two months.
3)i put before the court verious higher court judgements to read where the woman cannot prove cruealty, is not willing to live with husband, further false litigant not liable for any relief
4) teh court did not applied pruded mind to visit the place of crime allegated as per crpc 310 to secure the interest of justic
even after this the court didnt asked any question to wife that how she is in need of rs. 10000/- p.m. to prove which is must by equal justice that she must prove how is in need of such amount?
and finaly the court passed the interim relief order
dear sir please tell me that what is the meaning of natural justice played by learned judge- i as same once again-
what is a status of a judge in court?
is the judge have extra ordinery status?
is a judge not a public servent?
what compalint is liabie against judge and where?
Querist :
Anonymous
(Querist) 13 November 2010
?
s.subramanian
(Expert) 13 November 2010
Sufficiently answered and explained by the experts.
