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pun (eng)     15 November 2012

State as respondent

When a party appeal in the upper court against the order passed in the lower court...do that party make State also one of the respondent alongwith the opposite party?

Thanks



Learning

 5 Replies

Tajobsindia (Senior Partner )     16 November 2012

No, not necessarily unless it is complaint case where State represents the side of Complainant like S. 498a / S. 406, S. 34, S. 506 IPC / DV Act / S. 125 CrPC just to name few where normally an APP represents the State's side.

BTW, which appeal and under which family law one has filed and donot you have an advocate to your side to plead your versions?

 

 

Chetan Joshi (Advisory/Advocacy)     16 November 2012

Not necessarily....

Bechara Pati (Propritor)     23 December 2012

 

Hi all

I want to ask why the respected judge can't do anything on my visiting right. which is passed on june 30 2010. whenever my lawyer ask for that the judge ask for mutually understanding & giving another date for 30 to 45 day's . this is happening again & again. I have to decide for contempt & also want to go for child custudy for my son who is 11 years. Next date is 21st Jan 2013.

 

I want to know is it right step & what else can i do along with this. Please someone help me for the same.

Thanks

Rajesh Kulkarni (Advocate)     26 December 2012

 

Hi Singh,

"YOU CANNOT QUESTION THE AUTHORITY OF JUDGE", Judge's part of work is a un-biased one..... And a judge cannot just pass orders... it's his duty to look into material put before him rather than looking into emotional aspect. May be your claim still holds no better ground for you to allow for visiting rights?

You can file contempt against your wife briefing the facts of not allowing you to execute the order dated June 30, 2010 along with this file execution petition for executing the order.

 

Rajesh Kulkarni

7799116901 

Rajesh Kulkarni (Advocate)     26 December 2012

State as an respondent not necessary


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