guide
Querist :
Anonymous
(Querist) 11 March 2011
This query is : Resolved
Dear sir,
in continuation of my last query regarding maintenance.
sir you rightly said but.......?
1)megistrate had not listened my say and directly given the interim date
2) I had submitted few application from first date of my appearence in court.but court has not given me any reply of any application in 10 months and always one reply megistrate had no time to reply, wait?
3)without any ground of evidence just by mere words of applicant lawyer megistrate had passed interim order on the otherhand I had given more than sufficient proofs of my income but megistrate ignored everything and passed order.
Respondents dont have to wait for their number in court but they had to wait for applicant lawyer who comes by her own convenience at her own time directly entering into the court start proceeding and respondent always called later.
4) how to say and what to say in such conditions and to whom ?
5) not even a single allegation is found during cross examination but case will run till last?
6) I have experienced to what extent system works for the right person?
only guidance is helping me to some extent
thanks sir
Raj Kumar Makkad
(Expert) 11 March 2011
Magistrate do never reply to any application rather he decides it after taking the written views of both parties supported with oral argument and relevant citations, if any. The number of proofs has nothing to do in the system of deleivery of justice rather the quality of proof has bearing therein. Even if no allegation is found in cross-examination even then case has to go till its end means a procedure has to be followed as prescribed in law. No magistrate frames his own rules contradictory to prescribed law and even if any one violates law, file an appeal before appellate court. As you experienced person (as per your saying in paragraph no. 6 above), you can decide more than us what to do and what mode be applied to achieve the goal
