Hi,
I fought the divorce case for 3.5 year in trial court. Recently trial court judge dismissed my petition despite proving the true facts infront of him. He has ignored/supressed lot of facts while giving the order. I am stating them as follows.
1. My wife deserted me and my 2.5 year old son for 9 months and stayed outside. She immediately took job and did not come back during my sickness, my son's sickness and my parents medical surgeries in those 9 months. Later She came back and i took her back for saving my marraige and for sake of my child.Judge tells that it is not mental cruelity.
He accepted her oral version( statement without proof) that she wentout as my parents were fighting with her.So cruelity is not intensional. She came back so judge tells that I condoned her.but he ignore that she files 498a against me and my parents. She had greater conspiracy against me and my parents
2. She filed 498a against me and my parents. She took the custody of child forcefully(whome she deserted earlier).My parents were removed by the police itself for facing the trial and I am only facing the 498a trial.
Judge surpress the fact that my parents were removed from the 498a, he doet not mention their aquittal at all. since she still wants to live with me if I throw my old age parents out of my house, He tells that she did not have any intension to put me behind the bar. So it is not mental cruelity. He does not consider my parents being dropped from the trial by the police. He does not consider that it harmed my old age parents reputation in the society.
3. After filing 498a against me and taking the custody of the child, my wife forcefully withdrawn him from his school filing a false affidavit in the school declaring that she is having custody of the child. I lost around 85000 Rs of anual school fees. She accepted this in her cross.
Judge igonre/supress this fact and does not mention it at all in the judgement.
4. I showed lot of instances where in order to harass me she defied interim order of the high court. She took the child forcefully for her own official training program. there was no daycare facility and child missed one week of schooling. I also proved that she is not keeping him nicely as school sent complaing about child's cloth clealiness.
But judge ignored everything and have not even mentioned about it.
5.Judge acknoledges that she used to abuse me and my parents but he says it is all normal daily wear and tear.
6. without any substantial evidences judge concludes that I have bad temperament so things happened.
7. She showed that she wants to live with me provided I live seperately with her leaving my old age parents. Judge tells I did not show any compelling reason not to leave my parents in their old age. I must have considered her demand.
8. She made allegations in my cross that I have psychological disease. She did not submit any evidence, judge tells that I do not have any psycholgical disease. But at the same time he ignore this fact of mental cruelity.
9. In the past he did not give back the custody of my son 2 time despite proving that she does nto care about him. Different judge in the same court 3 year back gave the custody of the child to me. But hight court gave me visitation rights and gave me liberty to get the modification of the custody order.
10. Judge accept that it irretrievable breakdown of marraige but he tells he can not give divorce under it citing some court judgement.
I have read about many similar cases and divorce have been granted. I find the order to be totally biased against me. I would like to know what best I can do apart from going to high court. Is there provision in Indian Law for complaining about the judge? I fear judge will give same type of order for 125 crpc case and will give her big amount of my salary part.
Regards
Manish
