Please help me with a remedy to the situation!!!
Suhas
(Querist) 25 February 2012
This query is : Resolved
Can any expert kndly explain the meaning and significance of the following judgment by addl dist / family court (or whatever the designnations there. its confusing)?
Applicant-husband/father submitted the application (1 page)
It contained complaints as 'There are mistakes in roznama. Kindly either correct or reject roznama. Applicant is shown absent on two hearings wrongly. He was present.'
It also contained complaint as 'Court is just sitting IDLE on the applicant's application as 'filed' by avoiding to take any futher stages like 'other side to say' and hearing and judgment etc. Application is for 'take kids (2 boys, school going) to vacation trip after exams, as visitation proceedings also pending'.
Court gave following judgment on above 1 paged application within 40 seconds!!!!
Judgment:-- "Prayer not tenable and hence application is liable to be rejected'
Thats all (copy wasn't given to opponent lawyer. there is NO mention of 'other side to say' on application.)
I have read that 'Court judgement is supposed to mention the reasons for decision.'
Also above judgment is written on the left margin of the Application
Xerox copy which meant for the opponent was returned back to the applicant.
Confusion is that:
Question:- Does rejection also mean that 'it is dismissed for lack of merits?'.
Question:- Is above judgment appealable?
Question:- Why a new application may not be valid if applicant files the same above in HC now? Does that mean now it is res judicat (issue already decided)? Does that mean that now only appeal is valid?
Question:- Does that mean that now the applicant is legally not allowed to file a fresh application (in very soft words offcourse) in HC?
Please advise.
Even boys want to enjoy the vacation trip. But if court doesn't move and just sits on pile of Apps how is it possible?
V R SHROFF
(Expert) 25 February 2012
Q:"Prayer not tenable and hence application is liable to be rejected'
Ans:Unless you give details, a copy of Application , how can it be explained??
Was it drafted by Advocate??
Which Court, When?
Under what provision/ Act was it applied??
Q:I have read that 'Court judgement is supposed to mention the reasons for decision.'
Also above judgment is written on the left margin of the Application
Ans: Your Application may not be confirming provisions of Law, and it's procedure.judgment is written on the left margin of the Application is justified.
If you are aggrieved, you can go ahead: But don't do yourself, Engage Advocate to do it. , or you will be wasting time of all concerned.
prabhakar singh
(Expert) 25 February 2012
All that I gather from your details is that an application moved by you was rejected by court even without inviting any objection from opposite side and that too by a non speaking order.
If you think court's order is wrong then file a revision/appeal,as the case may be.We can not tell for sure if appeal lies or not for want of reference of Act under which the application was moved but if appeal does not lie revisions generally revisions lie.
Shonee Kapoor
(Expert) 25 February 2012
The application moved by you has been rejected.
I don't think that an appeal or revision lies against such applications.
Whenever you are levelling allegations against the court, do so in the mildest manner and not in the language which you have written.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 25 February 2012
Suhas being a student has to perform a mute lecture on the subject and experts are devoting their valuable time upon this subject which is nothing but an academic query having no relation with the experts.
Suhas
(Querist) 25 February 2012
Please treat this as a genuine query
There is no moot shoot here.
This is a query from husband who has got pissed off from this rotten system of law.
He wants his with him during vacation (within a month or two) and wife is deliberately spoiling it.
Kid told father on email that 'mom said that judge would get angry on me (kid) if I insist to go for vacation to dad'
Husband has already made plans of kids vacations camps and tours and kids are waiting for all that like scuba diving etc in India.
Wife is just harrasing just for the sake of it.
pls. see my comments also made on:
http://www.lawyersclubindia.com/forum/-prayer-not-tenable-and-hence-rejected-what-it-means--52421.asp
Suhas
(Querist) 25 February 2012
In forums the first rule of discussion should be that 'aggrieved person is not supposed to be doubted right in the first place'
What would happen if police/doctors, or any service sector for that reason, also start cross-questioning the aggrieved person? Who would go to police and doctors?
warm regards
Deepak Nair
(Expert) 25 February 2012
First of all you should learn to respect our legal system as it is the best legal system in the world.
It is the normal tendency that the people who are at the receiving end feels it as rotten.
You have not yet stated what was the contents of the application, at what stage is the case now, ans what all interim orders have been passed till date in the case?? All these matters are cosidered while passing an order in the miscellaneous application filed during the proceedings.
Is the judiciary rotten just becase you could not get the order you desired????
V R SHROFF
(Expert) 25 February 2012
Suhas
u r not student. ok.it is not academic query too. ok
I asked you [1]who drafted your Application for VR= [2]which court? [3]under which provision of law u applied ??
You did not reply it.
If dr. ask you to remove your shirt to check your body, you will remove it or not?? Can dr. or adv. treat you without examining the facts??
ajay sethi
(Expert) 25 February 2012
academic query
Suhas
(Querist) 25 February 2012
This is Suhas again....
Let me first furnish the counter questions queries asked by Experts Deepak Nair, and V R shroff as follows, as follows:-
First about contents of 1 page application (vide Sec 151, 152, 153 of CPC)::--
1. Husband is shown absent in roznama although on that date he personally filed reply/objection to wife's application that is recorded but husband is shown absent. (This mistakes is happened twice.)
2. "Husband had made an application", vide sec 151 of cpc as Order 11, 12 etc, for 'notice to produce document - wife's form-16 and tax return'. "But court is not taking any action on it". Wife is saying unless 'court passes an order it is not binding on her to produce document' and court is sitting IDLE on the same application then there is no way to get it adjudicated.
About Drafting:-
Husband on his own drafted it. It is drafted nicely and politely worded.
Issue is trivial but affecting dearly to case.
Case status:-
Pending.-------Everything is pending!!!
1.visitation plea-pending (1.5 years)
2.Rescind/modify interim maintenance-pending (change of circumstances)----(Wife became Sr. mgr in a Co. and got promotion & salary rise just 1 day before maintenance order... and within 4.5 months after that Husband had 'incurred losses to business and injury to body' due to accident while fabrication and erection of cooling twoer and collapse of roof) hence further applications.
3.Execution of maintenance (S. 24 as well as 26 of HMA)-pending
4.plea of 'stay of execution interim maintenance'-pending
5.plea to struck out pleading of husband- now pending since 1 month.
All above pending since 13 months
So husband stopped paying since last 4 months.
Answer to Deepak Nair's expectations of respect:
Respect is to be earned and can't be demanded.
Other's have to say that 'XYZ is very noble and respectable. One can't self procalim to be noble'
Let other's candidly express their respect and gratitude. Let at least a single litigant express candidly that 'judiciary is respectable institution'.
Do doctors themselves call a noble profession? No...it more or less non-doctors and common man says so!!!! (This trend is also going to change and probably doctors are taking inspirations from lawyers!!!)
Let's come back to question:-
Aren't the above error correctable by the court itself?
Is it not 'injustice' to make someone go to HC to get the errors in roznama corrected?
Suhas
(Querist) 25 February 2012
Thanks in advance to experts
Shonee Kapoor
(Expert) 25 February 2012
Quit it Suhas, we are not interested in answering academic queries.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 25 February 2012
A party who tries to handle a case on his own without appointing a professional always face such problems. there are certain aspects in legal practice which a common man is not aware of.
By this, I am quitting this query.
Thanks
V R SHROFF
(Expert) 25 February 2012
It is not academic, he is not student, ok, but why Suhas not naming [1]Court, and [2]Exact wording of Application made / drafted by him and rejected.??
Otherwise it amount to waste of time of all concerned, due to your negligence. I also replied same Query you raised today in FORUM.
Instead of Dr., if you operate yourself, can you be cured?? Let advocates do their job.
They know what to do in courtroom, and WHAT AND HOW MUCH TO WRITE, AND WHAT NOT TO WRITE IN APPLICATION, WHETHER TO APPLY OR NOT, under which provision of law.
If you apply anything, it is liable to be rejected without getting say of O.S. It is not tenable.
It seems you don't realise the value of this Legal consultation, as it is coming free to you from 10 expert Advocates, from all over India.
Raj Kumar Makkad
(Expert) 25 February 2012
Mr. suhas! I am not interested to know whether your pocket allows to hire an advocate for your cases or not but my sincere advice you is to consult your entire matter with a single lawyer with all documents in your hand so that he may provide best advice in the light of pleading of the parties.
Second advice.....if you have no economic sources or have income below than Rs. 1,50,000 per year then obtain the free legal help including the lawyer and all litigation cost from legal Service Authority of your area.
