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mani   08 April 2015

Pls help with query regarding divorce appeal

Hi Learned experts,

                            My wife had been granted divorce decree with alimony by biased judge of family court. He has accepted her false n concocted cruelty plea too. I want to challenge this order, judge had mentioned me as 'respondent present in person'  on judgement, however I was not present there. Can I mention this thing in my appeal.



Learning

 6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     08 April 2015

Something wrong, when U were not present at the time of judgement, ow can the judge record UR presence. U can challenge the order.

1 Like

Jayashree Hariharan (Advocate)     08 April 2015

Sure. You must point it out. Please take a certified copy of the order sheet. But you have to prove that you were not present.

1 Like

N R Dash.. (Advocate)     08 April 2015

Have you recorded your presence at the time of argument? Then, post argument your role is over. This is not a technical point to be challenged in HC. Question may arise that you deliberately remain absent just to consume time.

 

Better focus on the key factors: if any relevant fact missed out, any evidence not considered in the judgment, any contradicting or biased observation made by the Judge. You may mention about your absence, however, is not a relevant factor to be challenged in the Higher Forum.

 

No doubt it is the duty of the judiciary to prevent its misuse & provide relief to the actual aggrieved party, but it is to be done as per the existing process & provisions of law & the deviations only can be challenged in the higher forum.

 

 

Don't waste the time of the HC by filing such peculiar petitions.

1 Like

mani   08 April 2015

Thanks for help sirs,

                              I was present only till cross examination date as respondent, after that once when judge had called for some clarification. After that i did not go to court. Now when judgement had come after one month, it is mentioned that I am present on date of judgement. Please tell me what should I do in this case.

Thanks

SAINATH DEVALLA (LEGAL CONSULTANT)     08 April 2015

Have U obtained copy of the judgement, if so u can attach it here

T. Kalaiselvan, Advocate (Advocate)     12 April 2015

It is generally used term in the written judgments that both the parties were present, however if you find anything suspicious in it, this may be included  in the grounds of memorandum of appeal.  As it is you have stated that the judge was appearing to be biased, so you may mention in your grounds for appeal that the judgement appeared to be pre-determined  hence miscarriage of justice.


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