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Nishant (Doctor)     27 April 2014

Abysmal state of lower judiciary

I had filed for divorce from my wife 3 yrs back on the grounds of cruelty. My wife who was staying with her parents after receiving the notice and failing to get the case transferred to another city forced herself into our house and thereafter unleashed one year of terror via police , media and various woman friendly organizations .  Finally she left our home  having done a FIR under sec307, 308, 498a etc.  Me and my family refused to get blackmailed and cough up the money she wanted and finally when the family court summoned her for cross examination in the divorce case she buckled fearing the preponderance of evidence against her and submitted an affidavit accepting divorce and choosing a legal way to get the money via permanent alimony . 

The judge thereafter said that since divorce was wanted from both sides he only wanted to hear about alimony and my wife and her father appeared in the court asking for a certain sum which I contested since she was earning almost the same as me( both of us are doctors) . 

And then came the bolt from the blue -the judgement . The judge had quashed my petition for divorce and said I had failed to prove her  cruelty . (I had been cross examined along with my witness ). He had ignored all the evidence including a lot of electronic evidence her voice and filthy language (judged that he couldn't make out its content on his computer ) . He had not even mentioned any of the cruelty meted out to us and also notmentioned the FIR after which we were forced to leave our own homes fearing arrest...very cleverly manipulating words and sentences and said that my wife is forced to live in a small house and we have multiple houses and this is cruelty .

so no divorce and no alimony and and an incredibly insane judgement that says that my family has been cruel to her and all this when there is no evidence from her  on the record .3 years of painstaking work to build up the case just wasted because of one prejudiced  judge .  My wife is back to her old antics and is again trying to renter my house and I believe only to create more false cases.

 The appeal in the high court is being made but we have almost exhausted ourself .and I have begun to believe in  what the judge told me in closed door counselling ---give her what she wants and buy peace.

what are the options before me and how long can this last in the high court. And above all is there any way to stop this prejudiced/ corrupt judge from spoiling more lives .

                                      Regards

 

 

 



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 5 Replies

Nishant (Doctor)     27 April 2014

So basically I feel the judge has connived to prolong my agony ...let her wriggle out of the cross examination on the issue of cruelty ,discussed only alimony and then very cleverly said that I have not proven cruelty . 

How incredible .....is this how the legal system works ?

Laxmi Kant Joshi (Advocate )     27 April 2014

Nishant tell if you had done nothing how 307 /308ipc applied on you , according to you judiciary and police both were corrupt and useless , because they had not favoured you ,the judge had given good decision after reading your thread it seems you had done cruelty upon her as you are charged for attempt to murder, you are concealing the facts .

T. Kalaiselvan, Advocate (Advocate)     27 April 2014

A proper opinion cannot be given without seeing the judgment, you may think thousands, but you cannot make a judge to dance to your tunes. Just because the judgement was against you, the judgment cannot be erroneous,  if you are so confident enough about your case and its merits, challenge the judgment properly as per your evidences  and merits before the high court.  If you do not have faith in Indian Judiciary, do not go to the court at all, decide everything sitting at home, hence, do not ever pass such sub standard comments on the judges or the judiciary system for the reason that it was not in your favor.   Especially being a doctor by profession you should know the language being used in the public portals like this on sensitive issues. Think.

Shantanu Wavhal (Worker)     27 April 2014

no use of making hue and cry. u dont have any alternative.


u have to fight the appeal in HC on merits.

if ur proofs are good enough, the HC or the SC, lateron will grant u divorce.


as far as the cases filed by wife are concerned, nobody will label them as FALSE, unless and until full trial is done.


give her what she wants and buy peace.

why do u want peace ? when that b*tch can live in such situation, why cant we !

fight back - make her hairs WHITE while fighting.

3 years litigation is NORMAL ... dont get tired so early.


otherwise u will set an example that such b*tches can easily blackmail us.

this disease is contagious, u better know being a doctor.


satish bhaskar (Litigant)     27 April 2014

judges are people who failed to be doctors/engineers/professionals or human


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