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Ramesh (student)     22 September 2013

How to take up the irregular judgment of family court

 

Dear Sir,

It is seen in one of the case that Judge of a family court has not delivered the reasoned judgment in a maintenance case without applying their mind and also not justify how and in which manner the maintenance amount has been determined based on the applicant claim.

Further the maintenance which was awarded is double the demand of the applicant. It reveals that applicant or her lawyer has either managed the judge or there is some personal interest in the case.

In the situation is there any check on the judgment of family court if it is set aside in the higher court .Is there any impact on the service of the judge or is there any procedure in the judiciary system which affected the service record of that judge for further promotion etc.

Can the litigant file the complaint against the judge after set aside the order by the high court. Can the complainant litigant will be under the action of the court because the investigation agency may be support the judge being in the same department.

Kindly  guide.



Learning

 3 Replies

Samir N (General Queries) (Business)     22 September 2013

Your best option and the only option is to file an appeal. The fact that he has given more than was prayed for is critical and is sufficient to overturn the award. There are many Supreme Court Judgements that ONLY that which was prayed for can be granted.  See Manohar Lal vs. Ugrasen & Ors. AIR 2010 Supreme Court 2210. It refers to some other judgments too. It is very important judgement and is also common-sense logic.  Trials are conducted, evidence is led, etc. all based upon the prayer and what is prayed for. If more is demanded, then the petition or application has to be amended. Focus on legal arguments in the appeal. ALso, do not rely only on this argument. Present other facts or law based arguments. High COurt Judges do not like litigants to make claims of bribery, corruption, etc. against other judges unless you have solid proof and you don't. 

Normal advocates will not be able to give you this argument or judgement. I am not an advocate. My fees for this is a cup of coffee. Just joking...

Shantanu Wavhal (Worker)     23 September 2013

maint. granted under which section ? HMA 24 ?

u have to file writ in HC is not satisfied with the order.


avoid throwing allegations on the judiciary.

Ramesh (student)     23 September 2013

Dear SAMIR Sir, Thank you very much. Dear Amit IT IS UNDER THE crpc 125. please en light me on the subject. I am not blaming but what is seen in the case is apparently clear because without discussing the evidence led by the applicant how and why the double maintenance has been fixed is a matter of surprise. regards Ramesh

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