JUDGE offended ???

1. You are doing the right thing is all that I am allowed to say now.

2. Thumb rule in Court; if a Honble Justice is not giving a litigant favourable judgment / order then what you are doing is the right thing.

Afterall you are no lesser Hitler now ha ha
 

BTW I am curious to know what is "collusion" in your case and what citation you referred before Hon'ble SC to plead collusion? This is one grey area which I am curious to be educated upon :-) so shoot a PM or forum message whichever you may feel educative enough for common man's consumption on collusion funda / theory !
Rgds
 

Dear D ARun Kumar ji,

Pls see I HAVE NOT UNDERSTOOD ...."'YOU ARE NO LESS HITLER NOW...ha ha "

I think you are being sarcastic......

the collusion is....that 1.-- i am outstation hence the oppostie party has allthe advantage

2. the colluded lawyer said, whenever i phoned him....."chinta mat kariy ...abhi case transfer mein hai ..koi

date nahi laga ..."

all this while five dates have unattended.

SHOULD NOT THE COURT ASK THE LAWYER WHY HE DID NOT ATTEND OR REGISTER HIS PRESENCE..when he was my lawyer....IT IS UNTHINKABLE THAT ANY RESPONDENT/HIS LAWYER  WILL NOT ATTEND DATES...when its running for over 8 last mths . THIS IS COMMON SENSE & ENOUGH REASON!!

BUT I KNOW ...THE COLLUDED LAWYER WILL GETAWAY.... EVEN IF I FILE A COMPLAINT....

oN A SERIOUS NOTE....ARUN JI HAS NOT UNDERSTOOD MY QUERY ....I have asked my new lawyer says that the 'newly filed TRANSFER PETITION of the Dom vio case ..to where the alleged incident took place'.....the new lawyer says the judge will get OFFENDED  and may give a unfavurable order...as my case is in ex parte proceed state!

IS THIS LAWYER SAYING THE RIGHT THING? AND THEN WHAT SHOULD I OR ANYBODY DO IN SUCH A SITUATION?

THX IN ADVACNE

1. I was trying to make lighter the topic and a litigant is allowed to have some moments of fun too while cases are going on and no pun intended there, however if you are so serious a kinda person here then best of luck if it hurts you to be called as Hitler on the making.


2. Concerned Court will ask Lawyer only on the next date he attends what you are asking here,  but if he is not attending on any dates then it is not Ld. Court's concern / duty to send a telegram to your lawyer to ask him to attend case,  infact it could be dismissed too.  Moreover DV Act is one such loosly drafted Act which works more on prime facie grounds for awarding releif's to wife and absolute proof / proof beyond doubts etal in domestic violance cases are not called for unlike which are elementary in Criminal proceedings. However, you did the right thing to change Councel.


3. Concerning "collusion" if you have certified copy of daily orders of Ld. Court where your lawyer didnot attend your case on those dates then readressal is before Consumar Court and/or before Bar Council of State the previous Lawyer is member of, but then it is like starting of another case and it depends how much you can put behind in it to see that you win it (means you either need to be a commondo or a born fighter to fight to win this complaint case that also against a Lawyer, however it is doable stuff by all means and citations do exists to that effect).


4. Read PWDVA Bare Act again - a agreeved person (here your wife) can file DV Complain from either a temporary place of residence or from a permanent place of residence and cause of action / jurisdiction has not been clearly defined in this flimsy Act so she will get away with transfer petition before SC. Having ground only of "cause of action / jurisdiction" as only ground for DV is probably weak ground that also before SC where 90% matrimonial transfer cases were deciided in favour of women, unless you are willing to meet conveyance money to her / her councel to come to your cause of action ground zero along with showing life and limb genuine recorded threat upon you subject to well pleading by a Sr. Advocate on record before Hon'ble SC I doubt seeing you come out of TP (Crl) before Hon'ble SC.  However sincere all the best wishes for that beofre you boom me.


5. Concerning offending Judge you re-read my previous answer / advise where I said if a Ld. Judge is not giving you , your favour Judgment then no point pestering him and/or offending him and only thing is that you need to be on right side of Law  before him will help and no Trial Court minds if a litigant approached Hon'ble SC for TP (Crl) or what is the stage you have approached Apex Court so remove all these trans-Atlantic notions from your frame of mind. least to least what will happen in Hon'ble SC TP (Crl) ..................


Now my last gyan which I wanted to avoid giving in a respected open forum here;


"A Ld. Advocate is as good and or as bad which only a litigant can train him to be". Now my final 2 cents rebuttal / rejoinder to your baby war cry here; - Where were you after first date of his absence that now you are trying to reinvent the wheel, my friend that also after 5 dates he was absent upon?  Were you as a consumer not supposed to kick his butt on the very next date even if you were living in Venus or Mars is this not your case so ? Don't cry now saying you are living overseas so you didnot chase the case. Mind it Law says a adult person is supposed to know Law and ignorane is no bliss here. This I learnt as a advice from Mr. Justice Dhingra of Delhi HC which he gave on my TP (C) before him last year though it is seperate case that trial court is making its mind what to do on HC order :-) . 


Hope now you know that I understood your transfer querry well if not then you already have a new Counsel who will explain you better than me. 


And don't take these 2 cents as personal. Try to understand how things fucntion and act accordingly at the right time and at the right place.

Rgds.

thanks for the reply

u r also a victim of Dom VIo..etc....let me ask you have you joined SIFF, or mancell?

1. I handle one of their 24 hrs. Helpline no's
2. See back postings under ISHQINDIA@gmail.com since 2005 at SIFF and surprise yourself :-))))
3. I am not a victim there but a commondoo thanks to my srimati ji.