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santosh (executive )     07 November 2013

Child visitation

Freaky Judges , 

DV case filed by bitter Half . Interim application u/s 21 filed by respondent for visitation under DV Act . Till date Domestic violence has not been proved in DV case .Trial court rejected application of visitation by respondent even though citation of supreme court were submitted ( Nitin Bhandari V/s Deepati Bhandari ) where in vistation was passed u/s 21 of the DV Act . Order of the judge states that     {     " It is relevant to note that respondent has moved and held on various citations of Honble apex court along with the guidelines of the united nations charter . I have carefully persued the same that all citations does meet be read to infer that magistrate court is empowered to pass an order u/s 21 of D.V act . But plain reading of the said application would make it clear that said section is applicable to the aggreived person " Hence i am of the view that said relief cannot be granted to present respondent as he does not come within the ambit of aggreived person    "{ 

 

U/s 21 of the Dv act it clearly states that the magistrate is empowered to pass visitation to respondent proved it is not not harmfull to the child . 

Appeal filed in sessions court . Freaky judge passes order for production of the child . Than respondent in appeal states that child is transfered to out of state and cant be produced now as no holidays for child only in 2014 . The funniest part  is once a order has been passed it is binding on both parties and hence has to be complied with . A judge cant change her own order for production of the child and neither has the order been set aside by an appellate court . Now question raised by judge is about maintainability of application u/s by a male in DV act for which citations and arguments sumbitted . Rather than enforcing the order passed for production of the child and taking it as a contempt of court case has kept the next date for judgement . 

Which is nothing ,but would be a freaky judgement by a freaky judge .:(

Any experts who can contradict on this matter as to how the judical system functions in india .

 

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     07 November 2013

I think you have told little more than what an ordinary person can say.  Commenting on a judge or passing comment on the judgment is also considered as contempt, hence kindly mind your language before passing any comments against a judge or his orders.

Have a Heart Foundation (Sales & Mktng)     07 November 2013

1) You can challenge the Order passed by the sessions court at High Court. 

2) File for Child Custody under Guardians and Wards Act along with an application for Interim Child Access.

santosh (executive )     08 November 2013

@ kalaiselvan

When  criminals can get  punishment for their crimes, shouldnt there be a law where they can be punished when judges interpet law and case laws wrongly leading to wrong Judgements . Due to wrong judgements what about  the case where the child and either of the parents suffer due to wrong judgements. What about the losses suffered when either parties approach appellate courts .

I don't so judges are Gods 


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