Irrational adjournments in maintanence case
Upendra
(Querist) 22 February 2015
This query is : Resolved
my wife though with good job, she hid the fact that she was working & filed a maintenance case in Andhra Pradesh, the judge was biased towards her as she was a friend of one of her relative, this was way back in 2012. I had then posted this problem in this forum for guidance, as per the suggestions I applied for transfer of case from that court to another court in the same district citing discrepancies in her address and jurisdiction, I won the transfer to the other court which was hearing a 498a case filed by her aginst me and my family, the first court had already finished her chief and cross by then, the other court had take taken up the case in July 2013, but since then nothing has happened, I believe that even this judge is being influenced by that other biased judge. It is 2015 now.
My query is that
1) This judge has given 18 adjournments for further evidence.
The petitioner wife is only taking adjournments and not presenting any evidences at all for past two years.
18 adjournments for a single cause seem insane is this permissible in law, or is he going beyond his boundaries to help her.
Further my wife has cited the delay in maintenance case and filed for interim maintenance in November 2014 though the delay is actually caused by herself. She and her counsel were pressing for urgent disposal of the interim maintenance and we were put to lots of questioning by the judge when we sought one additional adjournment for providing our argument, During the arguments I presented a secondary proof to show that she was working in Hyderabad and is not jobless as she is claiming to be along with multiple citations in my support (courtesy:- lawyers club India). Her counsel immediately sought for adjournment for providing additional citations, which was given immediately without any questions. And since then they have taken seven adjournments for providing additional citations on their behalf.
To my knowledge an interim maintenance case should be disposed within 60 days, but the judge has allowed the case to prolong much beyond the stipulated period it is almost 100 days now owing to my wife’s counsel’s request for adjournment for providing additional citations on their behalf.
Sometimes I can’t make out if this is a judicial court or a kangaroo court that is being run for the whims and fancies of the petitioner
Since this is forcing me to travel about 600km for each hearing this is costing me money, time, and strain. What can I do to expedite this situation? I don't want to have a confrontation with the judge as it can lead to other complications.
Probably my wife’s game plan is that prolong the case while forcing me to come each time and put me in to sufficient mental torture that at some point of time I might break down and agree to her demands which are too unjust (she is un officially asking for half of what is owned by my father, mother, and that of my brother all put together, which was hard earned by them, whereas I am now penny less as all my savings had to be spent bail in 498 and for legal battles since then)
I am attaching the adjurnments for your persual and informed sugestions
MAINTENANCE CASE UNDER 125 CrPC
Hearing date_Next date_______Purpose
_____________15-07-2013______NOTICE
15-07-2013___05-08-2013______FOR TRIAL
05-08-2013___13-08-2013______FOR TRIAL
13-08-2013___30-08-2013______FOR TRIAL
30-08-2013___13-09-2013______FOR TRIAL
13-09-2013___26-09-2013______FOR TRIAL
26-09-2013___10-10-2013______FOR TRIAL
10-10-2013___25-10-2013______FOR TRIAL
25-10-2013___08-11-2013______FOR TRIAL
08-11-2013___23-11-2013______FOR RECONCILIATION
23-11-2013___23-12-2013______FOR TRIAL
23-12-2013___20-01-2014______FOR TRIAL
20-01-2014___09-02-2014______FOR TRIAL
09-02-2014___03-03-2014______FOR TRIAL
03-03-2014___19-03-2014______FOR TRIAL
19-03-2014___10-04-2014______FOR TRIAL
10-04-2014___30-04-2014______FOR TRIAL
30-04-2014___14-05-2014______FURTHER EVIDENCE
14-05-2014___10-06-2014______FURTHER EVIDENCE
10-06-2014___01-07-2014______FURTHER EVIDENCE
01-07-2014___18-07-2014______FURTHER EVIDENCE
18-07-2014___11-08-2014______FURTHER EVIDENCE
11-08-2014___12-09-2014______FURTHER EVIDENCE
12-09-2014___24-10-2014______FURTHER EVIDENCE
24-10-2014___05-11-2014______FURTHER EVIDENCE
05-11-2014___13-11-2014______FURTHER EVIDENCE
13-11-2014___26-11-2014______FURTHER EVIDENCE
26-11-2014___19-12-2014______FURTHER EVIDENCE
19-12-2014___26-12-2014______FURTHER EVIDENCE
26-12-2014___05-01-2015______FURTHER EVIDENCE
05-01-2015___13-01-2015______FURTHER EVIDENCE
13-01-2015___28-01-2015______FURTHER EVIDENCE
28-01-2015___11-02-2015______FURTHER EVIDENCE
11-02-2015___19-02-2015______FURTHER EVIDENCE
19-02-2015___04-03-2015______FURTHER EVIDENCE
(though it says FOR TRIAL nothing happened, but providing an adjournment for next date)
(even under FURTHER EVIDENCE nothing happened, but providing an adjournment for next date)
PLEASE HELP
She is unreasonably demanding 50 lacks and she is not steping down even when I tried to mediate through my lawyer. That much money is some thing I cannot even dream of earning even if continue earning for rest of my life. So paying her off is not an option available for me. And as of joining back I have offered multiple times in various lok adalats and she has refused. So this is also not an option available to me.
Is the judge allowed by law to provide so many adjournments. Is thers any clause that puts a upperlimit to the number of adjournments that can be given
Dr J C Vashista
(Expert) 22 February 2015
Too long a story and not a query, consult your lawyer.
If the court allows more than one adjournment (but not more than three) the reasons for grant of adjournment has to mentioned in writing in terms of order XVII CPC and it can be objected.
R.K Nanda
(Expert) 22 February 2015
query too long to reply.
ajay sethi
(Expert) 22 February 2015
agree with DR JC Vasishta
Rajendra K Goyal
(Expert) 22 February 2015
Agree with the expert Dr J C Vashista ji.
Guest
(Expert) 22 February 2015
In my view, the following three reasons can be attributed to frequent adjournments:
1) Ineffectiveness of your own lawyer;
2) The judge may be cautious not to accept irrational demand of your wife without your mutual settlement with your wife;
3) Since you have stated that the earlier judge was biased towards her as she was a friend of one of her relative and you got the case transferred in another court under the same district, the possibility of the present judge to be under the influence of the previous judge cannot also be overruled. In my view, transfer of your case from one judge to another in the same district cannot help you much unless the present judge is immune from any influence from his colleagues. Transfer to another district or state was advisable.
Anyway, your own lawyer's effectiveness is quite desirable in the case.
Upendra
(Querist) 23 February 2015
thank you all for your sugestions
i shall discuss this with my lawyer and ask him to object any further adjournments.
can I show the number of adjournments given as a sugestive evidence that judge might be biased and ask the case to be transfer to annother state I.e.... TamilNadu.
Guest
(Expert) 23 February 2015
You are welcome. However, judge cannot be treated or declared as biased merely by showing number of adjournments.
T. Kalaiselvan, Advocate
(Expert) 23 February 2015
Your query has been very properly addressed and answered by expert Mr. Dhingra. What is your advocate doing so far when all such things are happening in front of his eyes? If your lawyer is not properly cooperating or effectively handling your case, you may think of changing the lawyer too. The urgency for order in the maintenance case is for her and not for you so the prolongation would be detrimental to her and not you. If you are not able to travel such a long distance every time, ask your lawyer to file a petition to condone your absence. Do not budge to the pressure for an exorbitant demand from her side if it is unjustified.
Upendra
(Querist) 24 February 2015
Thanku Dhingra sirji and thank you Kalaiselvan sir, I will discuss this with my lawyer, I will provide him your suggestions. Her plan I think is, since she dose not have anything to win the maintenance case, she will be prolongat it for ever, while she has filed for interm maintenance which dose not require any proof so she can continue enjoying benifits without need for any proofs.
Again thank you for your valuable sugestions
Guest
(Expert) 24 February 2015
You are welcome.
