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R Banerjee   14 September 2018

Judge is in Whimisical nature everytime

Reconciliation was fixed by Ld Court at second half (verbally) on a specific date by the Ld Court. my friend who is the petitioner of this case (RCR) accordingly present before second half on the date of Reconciliation and filed hazira through his advocate at the morning on the same date. But when he approach at the court premises the Judge informed that he has already hear the case with the presence of Respodent and marked absent the petitioner after repeated call. The advocate of the petitioner informed the Judge that he himself ordered for the reconciliation at the second half on that day in the open court then how can he changed his mind and how can he marked absent the petitioner. But the Judge whimisically refuse to hear anything and ordered for next date !!!
now my questions are ----
1. As the Judge himself ordered the time at afternoon verbally for Reconciliaion in Restitution Of Conjugal Rights, then how he intionally or unintentionally heard the case at first time before the schedule time ? then what should my friend do ?
2. Though my friend present in the second half on that day and he has no proof as the Judge verbally instructed him to attend the reconciliation at the second half on that day, then how can he proof his attandence ?
3. As I previously told that the Judge pass whimsical order everytime then is there any posibility of adverse step by the Ld Court against my friend in this case ?
Plz give your valuable advice....


Learning

 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     14 September 2018

Dear querist,

For a minute forget about behavior of judge, tell me one thing why your friend want to live with person who does not want to live with him/her.

No law can force two people to live together against there will.

Attitude of judge/court does not affect extensively the fate of case as you may approach higher court against the lower court decision.

 


 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 

 

Ramaswami Iyengar   14 September 2018

As per above replier, you have option of appeal if ultimately your problem of divorce is not solved.  That everyone knows. That there is appeal option, all this will waste more time.

 

You would have had an advocate?  What was he doing?

I feel He is useless, so you are posing quetions here.

 

Another thing is unlimited power has been given to judges.  So you cant question them.  Aisa kare to bhi chalta , waisa karre toh bhi chalta.  Kuch nahi kia to h b chalta.  Poochnewala koi nahi.

 

If you are rich then only you should approach court, court will simply give orders based on what parites want.  Parties do len den and come to common ground and ask court/judge to give orders which type they want.

 

Your case is waste of time.  You dont have money, even if yo uhve, you dont have enough to spend or stingy to spend to get justice your way.  So you will keep posing questions here. or some other forum.  And you wil give replies similar to above one.

 

Hope you got my reply.

R Banerjee   14 September 2018

Sir
my friend filed the case as he has a child of 3 yrs. For the paramount welfare of his child he filed the said suit but now it's enough..... plz suggest what he should do now ?
Plz suggest how he can approach to the court ? In which process ?
What he can do in higher court against the Lower Court for dragging the suit intentionally ?
Plz helf Sir ....

R Banerjee   14 September 2018

Sir RCR case is already filed and situation is the case is in Reconciliation stage and the Judge himself intentionally allows the respondent for more and more time and whimsically give such order. He even refuse to hear anything and misconduct with the petitioner/husband or his advocate....

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