Raghu (professional) 02 May 2011

Expert Opinion required

Sir,

When a Family Court was established in the city 125 CRPC petition from JMFC has been transfered to Family Court. In the Family Court the judge ignored all the lower court proceedings including the witnesses evidences.

The Judge has taken a fresh deposition petitioner/wife again and put up for orders. Aggreived husband has gone to High Court to recall that order/denovo trial.

28th was holiday to the court and the judge posted it for order on 29th. He had taken the file to home and got the final judgement without giving an option to cross*xamine the petitioner-wife and to depose the O.P evidence.

on 29th morning the husband got stay order for further proceedings in family court and submitted a an affidavit in the family court at 11 A.M. But the judge family court came to court hall at 3 P.M with already typed judgement with 29th date with an orde to pay maintenance to wife by husband.

When husband mentioned the same to judge at 3 p.m when he entered the court, the judge mentioned that he has already given judgement and added as..

After judgement statement...

Later:

The husband got stay order from high court for further proceedings in Misc case....in high court and to furnish the certified copy before so and so date.

In the judgement he has mentioned to pay the arears with in a month.

Now is the husband need to pay arears with in the month or again he has file a case in High court to qush the judgement order mentioning the fraud payed by family court judge.

kindly provide the your inputs for the actions to be taken by husband other than to go for high court for an appeal against the final judgement in the family court.

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6 Replies

Tajobsindia (Senior Partner ) 02 May 2011

@ Author

1. NO
2. When there is a STAY from HC the Family Court has lost Jurisdiction to do anything. Moreover when Family Court announced the Order and later added your side's submission which is now material records then all your side has to do is to get certified Copy of the stay Order of HC and submit at and any date before 1 month before the Family Court.

Off the case briefs: A Ld. Judge is supposed to write / dictate Order sitting at his Chair in That Court and not at Home which is against the Justice system. if you have valid proofs then this can also be brought before the Hon'ble Court. let HC decide to do an enquiry of this Family Court Ld. Judge by his inspecting Judge. Second if a Ld. Judge says "argument heard and put for final Order, then by 4.30 PM he has to pass a Order sitting on his Chair inside the Court Room not his chamber be it so even if he wants to Reserve the Order but a Order has to be given sitting on Court Room Chair he can't even take the file to his Chamber to write Orders. That is the Rule.

Arup (UNEMPLOYED) 02 May 2011

again he has file a case in High court to qush the judgement order mentioning the fraud payed by family court judge.

--- it seems that the judge has a secret tie with respondent. he set his mind to favour the respondent. no other way to quash it either at hc or district couurt (DJ)

Tajobsindia (Senior Partner ) 02 May 2011

Originally posted by :Arup
"	no other way to quash it either at hc or district couurt (DJ)	"

@ Ld. Arup

If you may allow me; A Family Court Orders are always appealed / reviewed before Hon'ble HC that also before a proper DB that is the expensive highly criticized beauty of Family Court Act. Hence, a DJ can't even come into picture if a spouse is aggrieved by any direction of a Family Court. That is one of the reason Family Court Act is criticized because think of poor litigants (spouse) who can't meet high fees of ld. Advocates of HC stature be it either gender of spouse.

Raghu (professional) 02 May 2011

Thanks for your responses.

It is a fact that he dictated and typed the order at home and entered into the chamber at 3 P.M

All members who staying in the court knows it.. but the court staff is saying that he is not on leave in the morning session and he worked from home.

How to contest it.. do the husband needs to file a contempt of court in HC?

How to make the FC order infactuous???

govind (G.O.) 02 May 2011

sir,

i have some ancestral land( 35 acres) in the joint names with my two brothers. this is in three different locations. on verbal agreement between us, we are cultivating the land, one each at each location for the last 15 years. everything in the official records in the joint name. the land in our part is very less productive. so we want to have equal share of land in the three locations as the other two locations are very productive. can we get the share from other two locations also though my brother has been possessing that land for the last 15 years but without any official record.. the land is in haryana.

govind (G.O.) 05 May 2011

Originally posted by :govind
"	sir, i have some ancestral land( 35 acres) in the joint names with my two brothers. this is in three different locations. on verbal agreement between us, we are cultivating the land, one each at each location for the last 15 years. everything in the official records in the joint name. the land in our part is very less productive. so we want to have equal share of land in the three locations as the other two locations are very productive. can we get the share from other two locations also though my brother has been possessing that land for the last 15 years but without any official record.. the land is in haryana.	"