Complete indifference of family court judge

1. Writ will fail at ‘admission’ hearing.

2. During Cross if ld. Judge has remarked on not going so deep that means you / your side are asking question similar to say; “I put to you, what color of saree you were wearing when you say HERE, I hit you or I shouted the brains out of you or I did not feed you or I did not give you money for grocery....?”  I mean these lines of questionings are not what probability theory i.e. 50% chance that they should be divorced goes about to award or dismiss any divorce matter. Modify, adopt and put questions in cross relevant to her suit matter paras, your written replies, and her rejoinder if any and revolving around marked exhibits based on framed issues by Court that is all it takes to seek or dismiss the civil case of such natures. Beyond all these strict line of questioning are not required generally as it is a civil private matter between spouses where probability theory as to something like marked allegation might have or might not have happened between spouses and creating doubt at argument stage works-out to award or dismissal the divorce suit matter instituted by either spouse.

3. Now, even if she fails getting divorce under present sets of various litigations between you two, do you think she will come running back to GGN! If your answer is affirmative then say so confidently, I will guide you further in all 3-1/2 matters (1/2 = S. 24 HMA). If answer is coming in negative as someguess work from your mind not heart then para 1 and 2 are sufficient as opinion for this thread purposes.

@Author

I have full sympathy with you. This is the reality of our Justice System which on one side is not ready to let-go the pending cases (seems they fear unemployment), and on other hand they rush to the end as if only ending the case is their duty but imparting justice is just auxilliary side-effect.

As you have already been advised by @tajobsindia, I need not go into further details. However, I slightly differ in reply to your first question.

While the Writ is filed in Higher Court in cases of grave danger or misuse of law or depravation of fundamental rights, but this case could fall into one for an appeal for your exemption from everyday attendance. You can apprise the court of your situation and request for your exemption on the condition that you would visit atleast once in a week or fortnight.

@tajobsindia

Please throw some more light on your reply to the first question...

//peace

/Saurabh..V

@ Saurabh V.

Sure, lovely to hear from you;

1. First the previous Writ outcome was not challenged in Apex Court and the author participated in further proceedings (time bound is what I mean) in trial Court. That means he has accepted the verdict of earlier Writ which his wife filed and followed by trial Court in letter and spirits. That is what trial Court does when instructed by superior Court.

2. Hence now if he approaches HC with his Writ agitations citing what he mentions under his 1.1 so on paras I see dismissal at admission stage citing he was not vigilant to his own cause title which is not new, meaning same hurdles he had before his wife won a verdict in her favour all he is doing is taking backdoor entry citing same old merits which he had all the more opportunity in earlier writ of his wife to pray.

3. Your reasoning of gross violation, fundamental rights blah blah (I mean with respect to your wordings not in negative way re-quoting here) I donot find him fit in this case especially further Writ even if I omit going back re-reading all his queries. There is another peculiar reason which I didnot mention earlier not to affend him further, and it is;

- Was he not in same high stress job when his wife filed first case from her jurisdiction?

- Was he not handicapped then as in his 1.1 and so on forth that he mentions now for a writ not to approach on first date before SC to seek transfer of her case to GGN instead previously running to JAIPUR before his wife's writ loomed on horizon whose outcome now is cause of his further agitations?

- Where was all his fundamental rights then?

I mean let us be honest for discussions sake, nothing personal for this author. I stand when I say any litigant has to be vigilant from day 1 not when you don't appear in a Writ knowing well what opposite party is upto and then (when) a verdict goes against you then you re-rake old wounds. I mean I donot vet for such adversial fees. People may have different view but that is their views not my cup of sips. 

See, just for some [bl**dy] litigation sake he can file but merit PoV if application of mind put second writ is not advisable and I stand by my views even after re-consideration. Thanks.

Originally posted by : Tajobsindia
	1. Writ will fail at ‘admission’ hearing. 2. During Cross if ld. Judge has remarked on not going so deep that means you / your side are asking question similar to say; “I put to you, what color of saree you were wearing when you say HERE, I hit you or I shouted the brains out of you or I did not feed you or I did not give you money for grocery....?”  I mean these lines of questionings are not what probability theory i.e. 50% chance that they should be divorced goes about to award or dismiss any divorce matter. Modify, adopt and put questions in cross relevant to her suit matter paras, your written replies, and her rejoinder if any and revolving around marked exhibits based on framed issues by Court that is all it takes to seek or dismiss the civil case of such natures. Beyond all these strict line of questioning are not required generally as it is a civil private matter between spouses where probability theory as to something like marked allegation might have or might not have happened between spouses and creating doubt at argument stage works-out to award or dismissal the divorce suit matter instituted by either spouse. 3. Now, even if she fails getting divorce under present sets of various litigations between you two, do you think she will come running back to GGN! If your answer is affirmative then say so confidently, I will guide you further in all 3-1/2 matters (1/2 = S. 24 HMA). If answer is coming in negative as someguess work from your mind not heart then para 1 and 2 are sufficient as opinion for this thread purposes.

Hi Tajobindia, 

1. Please do let me know why do you think that WRIT would fail at "admission hearing". Isn't the sole reason that the respondent would loose his job and hence a living if he is aked to come twice as week? Even on humnitarian grounds the courts should grant relief.

2. Sir, that's not the case. He examinaiton in chief is 5 pages long. So I have to ask from almost each and every line from her examination in chief. I am not asking stupid questions. Also I am asking from every sphere be it 498a, DV, 125, 24 HMA, sec 13, sec 13 rejoinder, etc. I have to cover basically each and every allegation which she has put on me. I am bringing out her contradictions in her allegations and as well as showing the documented proofs which I have. But the Judge basically in the garb of High Court order wants to finish off the case fast and he has only this thing in mind. 

3. Yeah sure I not only beleive but I am sure that she would come running to me for granting her divorce as she is very eager to get divorce and start her new life with her boyfriend or live-in partner.  

Sure, I would need guidance. Thanks for all your tips/suggestions.

Thanks and Regards, 

Sid.

Originally posted by : Saurabh..V
	@Author   I have full sympathy with you. This is the reality of our Justice System which on one side is not ready to let-go the pending cases (seems they fear unemployment), and on other hand they rush to the end as if only ending the case is their duty but imparting justice is just auxilliary side-effect.   As you have already been advised by @tajobsindia, I need not go into further details. However, I slightly differ in reply to your first question.   While the Writ is filed in Higher Court in cases of grave danger or misuse of law or depravation of fundamental rights, but this case could fall into one for an appeal for your exemption from everyday attendance. You can apprise the court of your situation and request for your exemption on the condition that you would visit atleast once in a week or fortnight.   @tajobsindia   Please throw some more light on your reply to the first question...   //peace /Saurabh..V

Hi Saurabh, 

Sure, I am planning to file a WRIT very soon and fight it as party in person (PIP). I would surely let the court know that what injustice is happening to me. I would further request the court to please grant me more time to fight the case. 

Lets see what the Hon'ble High Court says.

Thanks and Regards, 

Sid.

Originally posted by : Tajobsindia
	@ Saurabh V. Sure, lovely to hear from you; 1. First the previous Writ outcome was not challenged in Apex Court and the author participated in further proceedings (time bound is what I mean) in trial Court. That means he has accepted the verdict of earlier Writ which his wife filed and followed by trial Court in letter and spirits. That is what trial Court does when instructed by superior Court. 2. Hence now if he approaches HC with his Writ agitations citing what he mentions under his 1.1 so on paras I see dismissal at admission stage citing he was not vigilant to his own cause title which is not new, meaning same hurdles he had before his wife won a verdict in her favour all he is doing is taking backdoor entry citing same old merits which he had all the more opportunity in earlier writ of his wife to pray. 3. Your reasoning of gross violation, fundamental rights blah blah (I mean with respect to your wordings not in negative way re-quoting here) I donot find him fit in this case especially further Writ even if I omit going back re-reading all his queries. There is another peculiar reason which I didnot mention earlier not to affend him further, and it is; - Was he not in same high stress job when his wife filed first case from her jurisdiction? - Was he not handicapped then as in his 1.1 and so on forth that he mentions now for a writ not to approach on first date before SC to seek transfer of her case to GGN instead previously running to JAIPUR before his wife's writ loomed on horizon whose outcome now is cause of his further agitations? - Where was all his fundamental rights then? I mean let us be honest for discussions sake, nothing personal for this author. I stand when I say any litigant has to be vigilant from day 1 not when you don't appear in a Writ knowing well what opposite party is upto and then (when) a verdict goes against you then you re-rake old wounds. I mean I donot vet for such adversial fees. People may have different view but that is their views not my cup of sips.  See, just for some [bl**dy] litigation sake he can file but merit PoV if application of mind put second writ is not advisable and I stand by my views even after re-consideration. Thanks.

Hi tajobsindia, 

1. I understand that the reply to the WRIT petition is time barred but I do have valid reasons for it. I am appearing as party in person and I don't have the capacity to pay the exhorbitant fees of a High Court lawyer. Also as I was unaware of the processes as PIP therefore the delay in filing the reply to the WRIT petition. I obviously have not accepted the previous WRIT outcome which was filed by my wife. I consulted the Apex court lawyes and their opinion was that first I need to approach the Family Court judge then the High Court and then only can I approach the Supreme Court. 

2. I didn't understand that why do you feel that " he wasn't vigilant to his own cause title which is not new?". There were various reasons for the delay as I mentioned before - I couldn't affore the high fees of a High Court lawyer, I am appearoing as PIP so unaware of the court processes, there were various court holidays, I couldn't get leaves from my office, etc. 

3. I again emphasize that asking a person who is working in a private job to come from his homwtown 2 - 3 times in a week. Wouldn't this risk his job? Should the person leave his job and take a room besides the court and then fight the case? From where would he earn his living to feed his dependents and to fight the cases? Isn't this an attempt to snatch away the persons living. I understand that I was late and the WRIT reply is time barred but what could I do. I would be more vigilant next time. 

- I was in the same stress job but I could manage then as I was getting dates on Saturdays and I knew that the cases would run from her city only as she is a woman. 

I understand that I was not vigilant but can that be the sole reason to dimiss the WRIT

I am thankfull for your thoughts and suggestions but would still request you to please guide me like a brother.  

Thanks and Regards, 

Sid.

Hi, One of my friend (male) frestirated with his wifes behaviour from past 4 yrs. they have married in 2005 and had 1 son in 2006. the wife is very selfish & she would not allowed my friend to mingle with any of his relatives & friend circle, and she refuse to stay in their in-laws house. after a big fight and many compramises my friend agree to stay in wife house just for his son. and he was not looking after his parents as condition placed from his wife. suddenly one day my frnd become sick and doctor said he had a cancer and he may stay only for 3 -4 months longer. hearing this his wife had a fight with his parents and she refuse to take care of him while he addmited in hospital. after 2 months he as under gone to operation and many surgeries. doctor understand thier is a misplace of the report and my friend is fit and fine enough and he have no cancer at all. after all this story.. his wife doesnt wanted to stay with him because my friend was not working after his mis surgery. so she had applied for a divorce by saying she had got horrasment from husbands parants and she had given wrong complaint to judge. earlier my friend refuse to reply and after many councelling happend he had come to a conclusion  that she is not happy with him and he also agreed for a divorce and they have exchanged the gold ( especialy Mangalsutra) given at the time of their marriage have been exchanged. but immediately in next month wife after exchange of the gold, she had tacken back the case and now she started to say she want to be with his husband or if he need a divorce he want to pay 30,000/-PM amount as a maintence for wife & son's education. but my friend is working in a small scale company and he can earn only 35 - 40k PM. now he as applied for divorce and facing lot of problem to get the divorce from her & jurdgment is keep postponing for every 2-3 month from past 2 years. its clearly shows that the girl is playing with my friend life as well as with their family members emotions. he is very upset and gone under dipression. Dear lawyers kindly help me in this case how can he get divorce from that bledy girl. many times he decided to hang him self, he attempt to suicide. We all are very much tense about this matter. kindly help me how can he get divorce from her? what is the solution for this. they are staying supparate from more 3 yeras and having no communication b/wn them. In this case as i hear if couple stay supparte from 3 yrs they can get divorce is nt it? she had already given back her mangalasutra legaly and she had signed in exchange of gold in mutual undersstand bond paper also... kindly help us how can he get divorce from her and lead his life? what is the next step he wanted to take now???