Transfer to other family court:Unfair trial due bench clerk?

Also This Judge has very recently joined the family court from other court (criminal)

This new 'Judge  refused to sign on my maintenance withdrawl application'

After getting the  'next hearing date' I went home and after two days I went to court to get judge's sign on 'maintenance withdrawl' form (the standard printed format available with the 'writers' there) as I wanted to withdraw the monthly maint amount.

But bench clerk again objected and told the judge that 'she has come today to withdraw which she could taken sign  two days back only'.

Then judge simply refused to sign and said that 'Come on the next hearing date and take my signature that day only'.

Other side's lawyer is very influential in Family Court is often seen moving in and out of chambers of all judges out here.

I want to transfer my case to other court. Are there merits in my case to transfer?

I do not want to be seen as a cribbing and complaining or nagging kind of a person  in front of the Hon Principle Judge Sir.

Would it send a wrong message about my case, if I file transfer petition? because current judge has very recently joined, just a few months back?

I am told that current Hon Principle Judge Sir is very renowned and very well experienced in Family Courts under previous and renowned Principle Judges.  And Hon Principle Judge would do me justice. and there is room for such shady practices of the clerk, and the clerk over there is also the one of the best.

Other side's lawyer is very influential in Family Court is often seen moving in and out of chambers of all judges out here, including the Hon Principle Judge.

Please guide me.

@ Author

Having reviewed your briefs it seems you are not getting fair trial and or some of your pleadings are not addressed to as per principals of natural justice. Reason noted is ‘lack of procedural practice knowledge of a litigant appearing as party-in-person’ which is obvious a case with many a party-in-persons cases. I feel nothing wrong in a party in person cases but then procedures and practice should also be learnt by people doing party in person pleadings.


I donot wish to know reason for choosing to service your case as party-in-person as you may have valid reasons for the same. Having expressed so my suggestion is to approach Legal Aid Center attached to the Ordinary civil Jurisdiction District Court where this Family Court is established and seek help for a Legal Pleader as per Rules attached to you and mind it, it is your constitutional right (however here you have to watch for any Circular issued from the Principal FC Judge recently barring Legal Pleaders in Family Courts as happened in Chennai FC recently).


There are so many procedural work any case demands which any legal pleader attached to you via Legal Aid can help you with and then as per Central circular all STATEs have lifted bar of “income criteria” of woman litigants so I donot see why you should not have one appointed legal pleader from legal Aid Center to help you with your case especially ‘procedure and practice parts’ . There are very nominal fees of such pleaders given to litigants and their fees structure are as per Schedule only thing afterwards you need is 'handling' this attached pleader. 


Loosing cool may not help and getting timely help is the probable way out as in presented briefs.


All the best and it is refreshign to know you as a lady servicing your case as party-in-person.
[I wish many a ladies do that............?]

Thank you sir, Mr Tajobsindia.

It difficult write this transfer petition for me, although above circumstances are really a harrassement to me but these are related to Court's procedure.

I have decided to go Ahead with this Transfer Petition.

My question to all :- 

There is Legal Services Authorities Section where a litigant is given free legal aid if income below 50000/- .

I fit into it.

But my requirement is different, I need a legal help in court only for technical and procedural problems and NOT as a pleader with a full control (like a puppet in the hands of the lawyer...This is my experience unfortunately and lawyers are very busy these days and have there court dates in different court on a daily basis).

Hence I decided to deal with it myself.

Even my brother, sis-in-law, parents ...All are feeling exhausted to keep travelling on Court dates, they are aged. They have their own business and things to do. But I would never ever get exhausted (bad news to other party!)

Are such kind of help offered by Legal Services Authorities ?

I read it on the internet that there are

A. Adversarial procedures in court and

B. Inquisitorial procedures

Then why did we establish the Family Courts, in the first place? Hasn't the Family courts have extra powers to establish their own procedures. Right?

Procedures are certainly not meant for getting entangled into it or to cheat the genuine party and to finger point that 'I did not raise it at right point of time' ?

My objections are that I do not want to get mislead by procedural naunces and it should not happen that I missed my chance to project my evidence and my plea etc etc on time and didn't raise my voice against baseless plea and evidence by other party.

I can sustain delaying tactics but cannot sustain misuse of loopholes in the system

Very good questions by you Damayanti. Many of us would be benefitting from good replies to your queries.