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SidChiBharg (Software)     29 July 2012

Language to be used in proceedings in family courts

Hi Friends,

My estranged wife has filed various cases u/s section 13, 125 and 24 hma in the Family Court in Jaipur. For section 13 I had appointed my district court lawyer to file the reply to their petition. She had filed the reply in hindi. In section 24 I filed the reply to her petition in english. I am appearing as party in person (PIP) in all these cases in family court. My district court lawyers is not representing me. Now in the last appearance the opposite party has given an application that the reply filed by me in section 24 hma is in english and that I should file the reply in hindi. In their application the opposite party has written that since all the work in the courts is done in hindi, it is compulsory and according to the law that the reply be given in hindi language to the petitioner only then she would be in a position to proceed in the case.

This is a ploy by the opposite party because they know that if they ask for the documents in hindi then it would
be a finacial burden on me as I have to get it translated and typed from outside which would cost at least Rs.
20/- per page. By asking to submit the application in hindi the opposite party also wants to delay the matter as
it is not in their favor.

Also I had a discussion with the Judge of the family court. He said that he cannot accept my request as it
dosn't seem to be reasonable and asked me to submit the replies in hindi.

Following are my queries:
=========================

1. I would like to know that is it neccessary/binding for me to submit the replies in hindi?

2. Is is required by law to submit the replies in hindi? Does the family court law says anything like this?

3. As I am appearing as party in person (PIP) and I the respondent want to plead my case in english then dosn't the law say anything with regards to this that the respondent be allowed to plead and submit the
documents in the language which he/she understand. Anyhow even if get it translated in hindi then if something get misrepresented/misunderstood in the translated version then I would be held liable which I do not want that to happen.

4. Do we have any judgments which say that the replies can be submitted in any language which the respondent can understand?

5. All the judgments given by the High Courts and Supreme Court are in english so howcome the family court can force me to submit the reply in hindi.

Should I write an applicaiton to the judge of the family court citing my limitation and is dosn't give the
decision in my favor then should I approach the High Court ?

Please do help me.

Thanks and Regards,
Sid.



Learning

 12 Replies

Shantanu Wavhal (Worker)     30 July 2012

Should I write an applicaiton to the judge of the family court citing my limitation and is dosn't give the
decision in my favor then should I approach the High Court ?

 

Y E S

u can use local language / English in lower court

in HC, the lang. used is English.

SANJEEV (SHIFT INCHARGE)     30 July 2012

FILE A RTI APPLICATION TO HIGH COURT SEEKING ALL THESE INFORMATIONS FOR LOWER COURTS.IT IS NOT MANDATORY TO FILE REPLIES IN HINDI, AS IT IS CLEARLY WRITTEN IN SUPREME COURTS CASE FILING RULES THAT THE LANGUAGE TO BE USED IN THE SUPREME COURT AND HIGH COURTS SHOULD BE ENGLISH. IF ANY OF THE DOCUMETS TO BE PRODUCED IN COURT IS IN A NOTHER LANGUAGE OTHER THAN ENGLISH IT SHOULD BE TRANSLATED TO ENGLISH FOR ITS SUBMISSION.

TRY IT.

SidChiBharg (Software)     30 July 2012

Hi Amit,

I would be highly obliged if you could give replies to my other questions as well. As already mentioned by me in my query that the family court judge has already rejected my request verbally saying that he dosn't seems it to be reasonable.

I am already thinking of writing a written application to the family court judge but again it seems he would reject it. Then I would need to go to the High Court regarding this.

I understand as you mentioned that in HC the language used is English. But as you say we can use English in lower court but the family court judge isn't allowing me to do so. :-(

Please do help and guide me.

Thanks and Regards,
Sid.

SidChiBharg (Software)     30 July 2012

Originally posted by : SANJEEV

FILE A RTI APPLICATION TO HIGH COURT SEEKING ALL THESE INFORMATIONS FOR LOWER COURTS.IT IS NOT MANDATORY TO FILE REPLIES IN HINDI, AS IT IS CLEARLY WRITTEN IN SUPREME COURTS CASE FILING RULES THAT THE LANGUAGE TO BE USED IN THE SUPREME COURT AND HIGH COURTS SHOULD BE ENGLISH. IF ANY OF THE DOCUMETS TO BE PRODUCED IN COURT IS IN A NOTHER LANGUAGE OTHER THAN ENGLISH IT SHOULD BE TRANSLATED TO ENGLISH FOR ITS SUBMISSION.

TRY IT.

Hi Sanjeev,

Filing RTI in High Court would be too time consuming. Is it the same case with Family courts that "it is not mandatory to file replies in hindi". You are absolutly correct that language to be used in Supreme Court and High Courts should be English. But here I am fighting the case in Family Court. Is it written somewhere in case filing for family courts that the language used in family court can be english ?

Thanks and Regards,
Sid.

Shantanu Wavhal (Worker)     30 July 2012

always submit written applications along with affidavits in court.


interium applications are decided on the basis of pleadings of the party + affidavit filed.

SidChiBharg (Software)     31 July 2012

Originally posted by : Amit---------------

Should I write an applicaiton to the judge of the family court citing my limitation and is dosn't give the
decision in my favor then should I approach the High Court ?

 

Y E S

u can use local language / English in lower court

in HC, the lang. used is English.

Hi Amit,

I would be highly obliged if you could give replies to my other questions as well. As already mentioned by me in my query that the family court judge has already rejected my request verbally saying that he dosn't seems it to be reasonable.

Sure as mentioned by you I would be giving a written application to the Family Court judge citing my limitations. Also do we have anything written in the law that case filings in family court need to be in hindi only ? Do we have any citations regarding this ?

Again I would request you to please answer my original queries as well. I would be highly obliged.

Please do help and guide me.

Thanks and Regards,
Sid.
 

dhirendra pateria (law officer)     31 July 2012

if your wife is educated and u can proove that she understands english courth cannot force u to file the papers in hindi

Singham Sharma (Advocate)     31 July 2012

Hindi Courts dont bother about your Luxury or LIMITATIONS. Its based on facts, circumstantial evidence and laws. Ys but you may try "no hindi" like a foreigner that may only work if cud exhibit good acting.

Singham Sharma (Advocate)     31 July 2012

dear SID,

Hints regarding this matter. Please do your own research.

  1. Article 343-351 of the constitution of India
  2. Official Languages Act 1963
  3. RJS Exams include compulsory paper in English
  4. English is compulsory for all advocates to attain LLB.
  5. Lower Courts are court of facts and have to abide by the higher courts = court of laws which gives orders in English.
  6. But since your wife is the petitioner in above case therefore I "feel" your reply must be in HINDI :(
  7. Other way around ask your wife + court to get the petition translated in ENGLISH for you as u don no hindi
  8. Prove that your wife is capable to understand english

GoodLuck

swaroski17@rediffmail.com

1 Like

SidChiBharg (Software)     02 August 2012

Originally posted by : Simon Frank

dear SID,

Hints regarding this matter. Please do your own research.


Article 343-351 of the constitution of India

Official Languages Act 1963

RJS Exams include compulsory paper in English

English is compulsory for all advocates to attain LLB.

Lower Courts are court of facts and have to abide by the higher courts = court of laws which gives orders in English.

But since your wife is the petitioner in above case therefore I "feel" your reply must be in HINDI 

Other way around ask your wife + court to get the petition translated in ENGLISH for you as u don no hindi

Prove that your wife is capable to understand english


GoodLuck

swaroski17@rediffmail.com

Hi Simon,

Your suggestions are indeed great. Would implement them. I am thinking of writing an application to the Family Court Judge and would definately include the points raised by you. I am sure that the Family Court Judge would be rejecting my application. I would be challenging that order in High Court.

Thanks and Regards,

Sid.

 

SidChiBharg (Software)     02 August 2012

Originally posted by : dhirendra pateria

if your wife is educated and u can proove that she understands english courth cannot force u to file the papers in hindi

Hi Dhirendra,

My wife is very well educated. She has done B.A, M.A., Ph.D from Rajasthan University and Interior deisgning. The medium of teaching is also English. She studied in English medium school.  So its imperative that she understands English. But unfortunalty as I have written in my query the family court judge has refused to entertain my plea and rejected my appeal though verbally.

I am now thinking of writing a written applciation to the family court judge. Based of the judgment of my written application I would be thinking of taking this matter to the HC.

Thanks and Regards,

Sid.

 

SidChiBharg (Software)     02 August 2012

Originally posted by : Amit---------------

Should I write an applicaiton to the judge of the family court citing my limitation and is dosn't give the
decision in my favor then should I approach the High Court ?

 

Y E S

u can use local language / English in lower court

in HC, the lang. used is English.

Hi Amit,

I would be highly obliged if you could give replies to my other questions as well. As already mentioned by me in my query that the family court judge has already rejected my request verbally saying that he dosn't seems it to be reasonable.

I am already thinking of writing a written application to the family court judge but again it seems he would reject it. Then I would need to go to the High Court regarding this.

I understand as you mentioned that in HC the language used is English. But as you say we can use English in lower court but the family court judge isn't allowing me to do so. :-(

Please do help and guide me.

Thanks and Regards,
Sid.


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