Murugan (Software) 14 April 2011

URGENT !!! Appeal against CJM - Maintenance order

Recently I got an CJM (Cheif judicial magistrate) order of maintenance of the girl I married for 40,000/month, though I had been paying 7,000/month in family court for her maintenance . Also heard the new judge was changed recently and was corrupted by my inlaws. Judgement was given without my paycheck proof or where I work. Also the other facts are,
1. Wife was an epileptic patient ( severe complex epilepsy - second generation aka FITS in india) hided this before marriage.
2. I only filed "Null and void marriage" as per 13 b section in family court for concealment of disease and truth before marriage
3. Have 21 evidences, that she had epilepsy including her diary, and also police registry where she was denying to give my gifts.
4. Twice I was unnecessarily held up in airport police station and wasn't allowed to travel to USA where i worked.
5. They put me in 498a dowry act, Domestic violence act and also asked for huge maintenance.
6. I stayed one and half years in India to solve this case but to worse my situation got into trouble, both I was without job for long time and also I had come back to USA.
7. THough I appeared for all the hearings in India till the argument stage came, when I was about to win and also got "dispense with from High court". Judge in biased manner have given this verdict saying last 3 times I wasn't present so I believe he is working in Australia( which is fabricated). Later I came to know that Judge is corrupted with few lakhs and now I have to fight against that evil and challenge his decision.
Please join hands with me and answer some below questions,
1. How to apply for appeal against the CJM - Maintenance order,
2. Now I am in USA, how should I appeal? I didn't say them that Iam in USA, knowing the fact that they will ask me to pay large amont.
3. Can I give power of attorney to my dad / lawyers?
Please help ASAP as I need more advice. Can disclose more details if required.
Thanks in advance.

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11 Replies

adv. rajeev ( rajoo ) (practicing advocate) 14 April 2011

Appeal cannot be filed against the CJM. You can file a complaint to the vigilence section of the High Court by enclosing the cetified copies of the order passed by the CJM. You can execute the PA in favour of your father to do this.

And against the order passed by the CJM appeal lies with Dist and Session judge.

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy) 14 April 2011

complaint to district judge in respective mannar!

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Murugan (Software) 14 April 2011

Thanks Rajeev, Sorry I am confused. I was told that Appeal can be filed against CJM.
Can you detail me little bit. If possible do you know any one in Madurai High Court who are capable of doing this/.

Thanks Sarvesh, sorry didn't get you, what you meant by mannar

Uma parameswaran (lawyer) 14 April 2011

If you are aggreived with the CJM order you can move to Higher Court for justice.

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Advocate Anuj Anand (Advocate) 14 April 2011

Appeal to Sessions Judge and complain to High Court if you feel that CJM is corrupt

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Murugan (Software) 14 April 2011

Thanks for you answers Uma and Anuj,

What is the procedure to apply to sessions court?

I am having spinal issues and cannot travel so need to know if I Can appeal through my lawyer/ dad instead of me, like giving power of attorney?

If you know any lawyers in Madurai High court please let me know in PM. I will get in touch. Thanks guys for giving me some confidence

Murugan (Software) 14 April 2011

Thanks again for your answers

Murugan (Software) 15 April 2011

Please answer. Thanks for your reply in advance.

Kumar Doab (FIN) 15 April 2011

Learned experts/members have given their valuable advice.

Learned Mr Rajoo has explained about, complaint, appeal and PA.

In other cases :

-The opposite party corrupted the police.The judge passed the biased order despte the merits ( it was loud and clear corruption) and the appellate court reverse the order, on merits. The opposite party is now trying to hise and punishment seems to be sure.The police SHO,ACP have been fined, and are trapped in series of complaints, including human rights violation and are approaching the party to spare them and are willing to shoulder all expenses sufferred by them and to proceed against the opposite party.

-the judge was trapped and jumped from the 1st floor window and ran away.He was chased , and later caught.

Be firm.

1 Like

Murugan (Software) 16 April 2011

Thanks for your consoling words. It will be helpful if you could also mention if had mentioned true incidents and how to apply against the CJM corrupt judge too.