Judge giving wrong decision
Guest
(Querist) 28 February 2012
This query is : Resolved
MY DIVORCE CASE WAS FILED BY MY WIFE IN 2010 ,IT WAS A LOVE MARRIAGE ,WE WERE HAVING AFFAIR FROM LAST 10 YEARS THEN IN 2008 WE GOT MARRIED IN COURT BY NOT LETTING OUR FAMILIES INVOLVED,THEN FROM THAT TIME ONLY THE GIRL AND I LIVE APART AS AT THAT TIME WE WERE YOUNG AND WERE DOING OUR POST GRADUATION.THIS WAS A BRIEF OF OUR RELATION.BUR DEU TO SOME MI UNDERSTANDING THE GIRL DECIDED TO APART FROM ME AND SHE FILLED A CASE OF DIVORCE ON ME BY OUTTING ALLEGATION THAT I HAVE FORCED HER TO SIGN A BLANK PAPER AND SHE AGREED TI SIGN HERIN 2008 AND LATER I TOLD HER THAT ,THAT PAPER WAS A MARRIAGE REGISRATION CERTIFICATE AND SOME MORE ALLEGATION.BUT MY QUESTION IS THIS THAT IN PRSENT SITUATION ALL THE ARGUMENTS HAS BEEN DONE AND GIRL WAS NOT ABLE TO GIVE ANY PROOF AGAINST HER ALLEGATION ,NOW WE ARE WAITING FOR JUDGEMENT ,ACCORDING TO MY LAWYER IT IS NOT POSSIBLE TECHNICALLY TAHT I WILL GET DIVORCE IN THIS CASE,BUT THROUGH SOME SOURCES I CAME TO KNOW THAT JUDGE IS GIVING DIVORCE ON ALLEGATIONS ,SO WHAT CAN I DO TO CHALLANGE THE CASE JUDGEMENT AND IF I WILL GET DIVORCE ON ALLEGATION THEN IT WOULD HARM ME IN FUTURE,PLEASE HELP
Adv.R.P.Chugh
(Expert) 29 February 2012
Dear Aditya,
On the basis of above facts - it is very unlikely that the magistrate would pronounce a judgement against you - however do wait for the judgment to come out - and then' we'd plan the future legal strategy of assailing it.
V R SHROFF
(Expert) 29 February 2012
The case is not likely to go against you.
She accept marriage, and asked for divorce, so marriage is not disputed.
She had not filed any Police Complaint.
So it fvr you. Wait for Judgement.
Sudhir Kumar, Advocate
(Expert) 29 February 2012
Dovorce case once filed is final breakaage of marriage. Even if the divorce is granted or not the famiy is not restored. You hve voluntarily denied yourelf of the support of eleders (available free of cost in our society) for restoration of possible break of marriage. You are just harvesting what you have sown.
Kirti Kar Tripathi
(Expert) 29 February 2012
The facts and circumstances of the every case are different. From the the facts, which you have narrated, I donot think that court would presume that that the said marriage was in any way illegal or un-consented. However, if other allegations are grave and proved, the situation may be different.
Raj Kumar Makkad
(Expert) 29 February 2012
It is not good on your part to raise question mark over the integrity of the judge going to decide the petition.
Why should we experts make comments over your 'sources' until the judgment is pronounced? We do believe in legal system and you are also advised to do so in the larger interest of your case and even for your health.
Even if any party feels aggrieved by any judgment passed by any lower court, the remedy to file an appeal is available for him.
Deepak Nair
(Expert) 29 February 2012
On the basis of facts stated by you, the court will not grant divorce on that allegation alone. Marraige certificate cannot be issued by signing on a blank paper as the same is issued after registration of marriage by the registrar or other competent authority in front of minimum 2 witnesses. Thus, this allegation does not stand any chance to be proved.
If the order goes against you, then you can file an appeal against the said order in the High Court.
Shonee Kapoor
(Expert) 29 February 2012
I also agree that it is very easy to raise the fingers on integrity.
Remain content with your fight alone.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 29 February 2012
BUT THROUGH SOME SOURCES I CAME TO KNOW THAT JUDGE IS GIVING DIVORCE ON ALLEGATIONS ,SO WHAT CAN I DO TO CHALLANGE THE CASE JUDGEMENT AND IF I WILL GET DIVORCE ON ALLEGATION THEN IT WOULD HARM ME IN FUTURE,PLEASE HELP!
Please ask the sources about all that.
It is not good for you to ask such things publicly that too without basis.
You are advised to wait peacefully.
In case it comes against you,an appeal against that would be your right.
Deepak Nair
(Expert) 01 March 2012
Well advised by Prabhakar Sir.
