Damayanti (Unemployed) 12 February 2011

Transfer to other family court:Unfair trial due bench clerk?

Dear Sir,

I want to trasfer my case proceeding to other Family court and preferably at Pinciple Family Court.

I am facing hurdles from the bench clerk that

I was not allowed to see Daily Diary of my case, and in fact the bench clerk verbally complained to judge, sitting over there on the dias, that 'On every hearing date, she keeps asking to see the whole case file again and again, which is cumbersome to show her every time'

But I had so many times requested to the bench clerk that :- Before 'Proceeding for the day' starts 'I want to see the case file' in the morning to know before it starts or atleast at the end of the day as other party keeps filing apps in between.....

what's written by bench clerk in Daily Diary about last proceeding?
Are there any new docs/applications filed by Husband? (there are atleast two such apps where there is no entry as 'Other side to say' or 'O.S.T.S'. I wasn't given the copy!!!!
For Example :- He had made an application that 'xerox of the docs submitted with the list be taken on record'
But I was given only the those xeroxes but not the copy of list as well as his 'app to take those xeroxes on record'
Had my husband come on the last date, after I had left the court?

etc.

But on the contrary bench clerk went on to complain to judge which created prejudice and bias and since that time, the moment I try to say any thing to the Judge, judge keeps saying only one thing that 'I haven't got any lawyer and that's why I am eating up judge's time...I don't know procedures......etc etc'

Such repetition of judge's remarks on every hearing date... is causing me to buckle and my voice is getting unheard and muted and 'even if my plea may have merits and its being subverted and not being taken into consideration'. I feel that this is a case of unfair trial and there is bias created due to the bench clerk.

On one hearing day, I wasn't allowed to see the daily diary upto lunch hour by bench clerk deliberatly,

the bench clerk then asked me to come after 3:00pm to see the Daily diary,

and told that to other party's lawyer that "I have asked Damayanti to sit upto 3:00pm." and then Other party's lawyer laughed, But when they found me standing behind me they looked embarrased.

Bench clerk also gives the hearing dates as per other party's lawyers whims only and his delaying tactics 'under the disguise of his convenience'.

And this new Judge also apparently takes the other parties side 'for giving next dates' also.

Bench clerk also used delaying tactics hand in hand with the other party's lawyer (especially during the days when court was vacant):-

On one hearing day, Bench clerk insisted that there was no hearing scheduled on that day but it was on two days before!!!, but I persisted and asked to show the records, and then it was revealed that I was correct, but still gave next hearing date for no reason.
On one hearing date, clerk said case file papers (whole bunch) isn't traceable, better take next date!!
On one hearing date, clerk said 'In-charge court has too much work load today!!' and gave next date.

This new judge is new to Family court and is on transfer probably from criminal courts.

I want to transfer my case to other court.

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4 Replies

Damayanti (Unemployed) 12 February 2011

Also This Judge has very recently joined the family court from other court (criminal)

This new 'Judge refused to sign on my maintenance withdrawl application'

After getting the 'next hearing date' I went home and after two days I went to court to get judge's sign on 'maintenance withdrawl' form (the standard printed format available with the 'writers' there) as I wanted to withdraw the monthly maint amount.

But bench clerk again objected and told the judge that 'she has come today to withdraw which she could taken sign two days back only'.

Then judge simply refused to sign and said that 'Come on the next hearing date and take my signature that day only'.

Other side's lawyer is very influential in Family Court is often seen moving in and out of chambers of all judges out here.

I want to transfer my case to other court. Are there merits in my case to transfer?

I do not want to be seen as a cribbing and complaining or nagging kind of a person in front of the Hon Principle Judge Sir.

Would it send a wrong message about my case, if I file transfer petition? because current judge has very recently joined, just a few months back?

I am told that current Hon Principle Judge Sir is very renowned and very well experienced in Family Courts under previous and renowned Principle Judges. And Hon Principle Judge would do me justice. and there is room for such shady practices of the clerk, and the clerk over there is also the one of the best.

Other side's lawyer is very influential in Family Court is often seen moving in and out of chambers of all judges out here, including the Hon Principle Judge.

Please guide me.

Tajobsindia (Senior Partner ) 12 February 2011

@ Author

Having reviewed your briefs it seems you are not getting fair trial and or some of your pleadings are not addressed to as per principals of natural justice. Reason noted is ‘lack of procedural practice knowledge of a litigant appearing as party-in-person’ which is obvious a case with many a party-in-persons cases. I feel nothing wrong in a party in person cases but then procedures and practice should also be learnt by people doing party in person pleadings.

I donot wish to know reason for choosing to service your case as party-in-person as you may have valid reasons for the same. Having expressed so my suggestion is to approach Legal Aid Center attached to the Ordinary civil Jurisdiction District Court where this Family Court is established and seek help for a Legal Pleader as per Rules attached to you and mind it, it is your constitutional right (however here you have to watch for any Circular issued from the Principal FC Judge recently barring Legal Pleaders in Family Courts as happened in Chennai FC recently).

There are so many procedural work any case demands which any legal pleader attached to you via Legal Aid can help you with and then as per Central circular all STATEs have lifted bar of “income criteria” of woman litigants so I donot see why you should not have one appointed legal pleader from legal Aid Center to help you with your case especially ‘procedure and practice parts’ . There are very nominal fees of such pleaders given to litigants and their fees structure are as per Schedule only thing afterwards you need is 'handling' this attached pleader.

Loosing cool may not help and getting timely help is the probable way out as in presented briefs.

All the best and it is refreshign to know you as a lady servicing your case as party-in-person.
[I wish many a ladies do that............?]

1 Like

Damayanti (Unemployed) 14 February 2011

Thank you sir, Mr Tajobsindia.

It difficult write this transfer petition for me, although above circumstances are really a harrassement to me but these are related to Court's procedure.

I have decided to go Ahead with this Transfer Petition.

My question to all :-

There is Legal Services Authorities Section where a litigant is given free legal aid if income below 50000/- .

I fit into it.

But my requirement is different, I need a legal help in court only for technical and procedural problems and NOT as a pleader with a full control (like a puppet in the hands of the lawyer...This is my experience unfortunately and lawyers are very busy these days and have there court dates in different court on a daily basis).

Hence I decided to deal with it myself.

Even my brother, sis-in-law, parents ...All are feeling exhausted to keep travelling on Court dates, they are aged. They have their own business and things to do. But I would never ever get exhausted (bad news to other party!)

Are such kind of help offered by Legal Services Authorities ?

I read it on the internet that there are

A. Adversarial procedures in court and

B. Inquisitorial procedures

Then why did we establish the Family Courts, in the first place? Hasn't the Family courts have extra powers to establish their own procedures. Right?

Procedures are certainly not meant for getting entangled into it or to cheat the genuine party and to finger point that 'I did not raise it at right point of time' ?

My objections are that I do not want to get mislead by procedural naunces and it should not happen that I missed my chance to project my evidence and my plea etc etc on time and didn't raise my voice against baseless plea and evidence by other party.

I can sustain delaying tactics but cannot sustain misuse of loopholes in the system

1 Like

Ambika (NA) 14 February 2011

Very good questions by you Damayanti. Many of us would be benefitting from good replies to your queries.