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anand raj   15 March 2025

Judge is baised, her presonal openion is unlawful, can we change the court

 in 2022 my wife put a case against his adopted mother (who has no child)age 67 and his relative in dv act  , for attempts to prevent from staying in my late father's (single name) own house and threats, assault and mental harassment, The case in on evidence stage

But in the latest hearing The judge called both the parties to the court and started threatening my wife, who is the victim in this case, by saying, "Make a compromise with your mother, divide the house between you and give her whatever she wants. After the death of the husband, the wife has all the rights on his property, and only after the death of the wife, the children will have the right on that property. Think about the compromise till the next hearing, and if you refuse to compromise, then I will have to pass an order that you will have to make temporary partition of this house and arrange for mother to live separately at your own expense. And If you want to live in this house, then you will have to give maintenance to mother every month."

At a same time my mother has already a file partition civil suit for this house in 2022 and this case is on argument stage 

In this senaraio my question is 

1. Can the judge give maintenance order on the basis of living in the house instead of financial basis, whereas my mother's monthly income is about 30 thousand, and FD of 13 lakhs and 200 grams of gold, which is more than my income and wealth?

 

2.How can I be prevented from giving an order for temporary partition at my expense even though the case for partition of the house is ongoing?

3.Can a judge threaten to pass an order against a person to force him to settle the matter?

Is these are a sufficient reason for transferring the case to another court?



 2 Replies

Sathish Karampuri   15 March 2025

You must check jurisdiction of court. To transfer the case court to court, you must discuss with your counsel.

If they pass order, you can go to appeal to higher court.

T. Kalaiselvan, Advocate (Advocate)     15 March 2025

The most common grounds on which such applications for transfer are made are (a) that the Judge or Magistrate is personally interested in the case, or (b) that he is connected with one or the other party to the case by relationship, friendship, etc., and is, therefore, likely to be partial, 

In cases where the judge or Magistrate happens to be connected with one or the other party by relation-ship; friendship, etc., it is advisable for him to move the proper authority at once to transfer the case to some other Court; for however straight forward and impartial he may be, there is always the danger of his actions being regarded with suspicion and misinterpreted. An immediate transfer of the case would avoid the possibility of an application for transfer being made later stage and consequent delay in the disposal of the case.

Thus if it is really essential, you may follow the legal process to get the case transferred to some other court.


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