Dear Experts,
Greetings!
I have come up with a few queries here.
1.) The first one is about the Section-9 R.C.R where Husband was the applicant and the wife is the respondent where in the after 17 dates the Addl.Principal judge of the family court did the ex-parte proceedings against the respondent wife. In the next date that was exactly a month after the previous hearing a set aside application (Order 9 rule 7 of CPC) was filed and the judge again dismissed the application stating that the respondent did not appear before the court and hence dismissed the same application. In the very next hearing which was a month and a 15 days later the respondent personally appeared and filed the same application for setting aside the ex-parte proceedings which was accepted by the same judge who did the ex-parte proceeding. Now the question arises that: a) Can a judge review her own order?
b.) The ex-parte proceedings were done 2 months before and the set aside application was time barred as per the article 123 related to Order 9 rule 7 of CPC can it be allowed again?
c.) Again after restoring the proceedings on the very next date the respondent remained absent thereby filing a leave application through her counsel but the 13(2) “Nyayamitra” application of the counsel of the respondent is not filed still the court accepted her leave application. Is this a wrong order done by the same judge who has given the previous orders?
Kindly give ur opinions considering apart that R.C.R section-9 is a toothless tiger.
2.) What can be done if the previous 2 orders i.e restoring the proceedings as by-parte proceedings and accepting the leave application again? Can a revision/appeal/writ be filed in High court for the same?
3.) Can a transfer petition u/s 410 be filed to the principal judge of family court to transfer the above mentioned case of RCR to a different judge?
4.) How to file a complaint of a family court judge considering the above 2 orders are wrong?
