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Victor Fernandes (GM)     19 January 2013

Unfit juidge

I have this friend whose has applied for a Divorce on grounds of cruelty, the wife responded with a cross petition seeking for divorce and alo filed a petition for determintion of Maintainence, pende lite. the maintainance cause was presented and defened by advocates of both parties. the rulling was to be given, and after that, the divorce case was to be heard.

The ruling was not delivered on the day mentioned by the court, as the Judge was not present and had other pressing matters.

It has Now been published that a judiciary vetting Board has determined that the Judge is found unsuitable/ unfit to be holding office as Judge.

My question:  what happens to the matter that was heard and the ruling. Can it be appealed if delivered.

Has the divorce case to be applied fresh or will the court registry give dates based on the same petiton / cross petition.



Learning

 1 Replies

Tajobsindia (Senior Partner )     19 January 2013

Apex Court has said clearly in such situation;

1. If he has dictated and then signed the judgment and then before announcing he has been sent packing then signed ruling will stay as it is.
Here appeal will not reverse the earlier signed verdict unless issue of Law is brought in Appeal. Smart advocates can do wonders so unless current file status known I cannot add anything more than what
Apex Court had said.

2. Flip above, if he has dictated and not signed the Judgment then afresh matter of parties will be heard before a new appointee PO in same Court or as per status report of the Court Clerk submitted to District Judge on all pending or put on Order case files of previous PO your friend's case may get allotted as per administrative Order of the District Judge to any other Hon'ble Court hearing similar Acts / Codes matters.

[
PO = Presiding Officer (ld. Judge)]

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