Sakshi Sakshi
01 December 2013 at 11:57
Looking for exactly fitting citation for transfer u/s 24 of CPC.
Case about .... sudden bitterness & hostility between the litigant(respondent) and the judge (who is hearing the pending case)
Litignat being aggrieved by the conduct of judge and the handling of case/passing of orders so far, goes to REgistrar general of High court and formally makes the complaint with crisp details. "Complaint acknowledged for further enquiry."
the litigant, without wasting any time, also informs the opposite party & also the lower court judge about the same in writing and asks for adjournment. "adjournment granted."
the litigant files transfer petition before district court/court of principle judge to transfer the pending suit.
Reason for transfer: proceedings herein afterwards would NOT be fair/impartial, if conducted before same judge, as there is this new rivalry/animosity between the referee and respondent in 'original pending suit'.
Even though trial court judge gives comment in writing that 'act of filing complaint against me has not disturbed/perturbed me ....' still the situation does not give confidence of fair play/impartial trial as 'complaint before reg. general is related to the conduct of same judge in the same pending trial in the past'.
please note:
I am looking for exact fitting caselaw.
"jusice is not to be done but it should be seen to be done".
above situation is NOT like "nobody should be the judge of his own case" (district court is hearing the transfer petition and NOT the trial Court!!)
.... it is case case of 'actual' personal bias(and also self serving bias) and also apprehension/'danger of' personal bias due to acrimony/ animosity/ bitterness between the respondent-litigant and the trial court's judge/arbitrator and this is arising out of 'respondent's act of filing of complaint by litigant against the judge to whom the litigant has to face his trial'.
here, the judge is also the opposite party in the complaint made before registrar general simultaneously. so there is likely hood of even more harassment of litigant-respondent in even more subtle manner. (the very complaint is about the harassment by the judge in pending suit proceedings so far)
Please help.
RAMJI
01 December 2013 at 04:07
Dear experts
This is in a MC case filed by wifepw1. now it is in stage of cross by husband on pw1.... just one cross session over and adjourned for next hearing date.... meantime husband found that some of the answers by wife during cross was denying.. example husband showed letter from school principal saying that Pw1 was employed BUT WIFE DENYED AND OBJECTED TO MARK... likewise some other item also denyed by wife inspite of records....now husband wants to SUMMON THOSE OFFICERS/THIRD PARTIES WHO IS IN POSSESSION OF RECORDS OF EMPLOYMENT /PROPERTY ETC using sec91 crpc....
questions are
1. should husband file a petition -affidavit (similar to I.A) as M.P in M.C showing husband as Petitioner/Respondent and wife as Respondent/petitioner?
2. if it is MP in MC, the list of third party officers to be arrayed as RESPONDENTS? OR to simply list them as identified witness with address who is in possession of documents?
3. prayer is to be for orders to summon the identified officers as witness to produce documents to court?
4. should it be filed after completing cross of pw1 or during the course of cross as parallel
5. While filing, should husband file with necessary white copies for third parties too along with BATA /service form filled for effecting service thro court?
6. any other views pls
REgards
Ramji
jalesh
01 December 2013 at 00:31
Dear experts,
I need ur as usual,valuable legal advice.i m putting it point wise.
Informations:
1.I m living separately for more than 12 month from my spouse out of 21months of married life .we met twice in this duration.
2.we have 5 month old daughter.
3.i m working in a public sector bank.
4.i have finally decided to go for divorce.
QUERIES:
i m getting threatening from spouse for facing the music.she is threatening of involving my parents too.there r some fund trf to me n my parents a/c from her father's a/c.
1.what can she do? plz tell all d possibilities.
2.how should i and my parents be prepared to face her such possible acts.
3.what may happen to my job if she files a police case.
4.should i put prior intimation to police of any expected false dowry case(u/s 498a)against us.any other step regarding such expected act.
5.what should be my plan of action if contested divorce after dowry case.
6.can court grant custody of child to me if she wants/agrees.
Friend help
30 November 2013 at 22:53
Our was a love marriage with the consent of our parents 4 years back. I am a Christian and he is Hindu. We couldn’t stay together due to so many differences in opinion and our unresolved problems became life long issues. Now I am staying alone for more than a year in same city and even though we tried to patch up differences kept coming in between us especially related to his mother and other issues. Now we have decided to go for divorce. Need your help to know the procedure problem is-
•We didn’t got registered marriage
•We married in church where he converted in Christian and we also married as per hindu religion.
In such a scenario what is the procedure? Do we need to file a divorce case in my native – where church marriage took place or can file in the place of residence of my husband. Please help me.
meena kumari
30 November 2013 at 17:49
Sir mera women cell me dowry ki complaint ki thi against husband.maim 2 years se apne parents k sath reh rhi hu.mera ek baby hai jo 3 years ka hai .sara kharcha akele kar rhi hu.main case nai krna chahti.mere husnand divorce chahte hai.bt dena kuch nai chahte.main job krti hu.main apna baby husband ko dena chahti hu .taki use bhi bacha sambhala pade.kya main phr apne bache se mil skti hu agar use de diya to.agr main 1 saal baad agr bacha vapis lena chahu to kya le skti hu phr
Gopan
30 November 2013 at 14:09
Wife filed for divorce on ground of alleged impotency of husband. Husband filed application in court for potency test by medical board, and got medical report in his favour.
Now, can husband file criminal/civil defamation suit against wife submitting the details of FC proceedings as evidence?
I want to know, whether the impotency allegation in divorce petition is enough to file defamation?
priyadarshee goutam
29 November 2013 at 21:45
The victim name is Priya Kumari. Her age is 21+. She is being continuously harassed by her family members for her marriage. They stopped their studies and also didn’t allowed her for doing job. She is being tortured less physically and mentally by her parents from last 2 years till today .now she is currently residing at Kumarkhand ,dist-Madhepura ,Bihar. She was staying in Assam earlier and she was tortured physically and mentally by her parents. So she complained in police and then she was taken from there and brought to Bihar for marriage. Her family members fixed her marriage without telling her anything and the marriage date was 29th November 2013, but because of the complaint it was cancelled but today she is in same position as the before . But she complained in the police station that she is being forced to marry and got shelter home. Her brother named Amit Kumar Singh went there and he just convinced her telling he is in support of her. Then she made any agreement or not I don’t know because I could not contact her since then and they set up the situation like they told me to come over there within one month on or before 19th December,2013. She is also not getting any help from police. They threatened me and my family to kill if I will come over there. If I will go there as per the agreement it’s a great threat for me and as well as for my family. They threatened directly in the name of my sister that they are going to gang rape her. So, I am helpless and I cannot go there. Also I don’t have any official order from their side neither I am confirm whether or not the agreement is present or not since I did not get any copy of it. So today I am requesting to please help her as she is being forced to marry without her will. She needs support as well as security because she has attempted for suicide twice.
Siddharth
29 November 2013 at 21:21
I am staying in Qatar from last 3months with my husband and kids. Because of his harrassments i want seperation from him. I am house wife i dont hv money to hire a laywer so how can i get justice? I dont want any alumni from husband i want only my kids they are ready to stay with me even my husband also ready for it. so what i hv to do i am not understanding and my husband is threating me if i take divorce or apply for divorce he will suicide himself what to do my position is i cant die because of my kids or live because of my husband,
sanjay
29 November 2013 at 18:12
I filed petition for divorce on cruality ground. After that both of us sign a agreement for divorce(for without maintenance charge) on 25 nov in mediation office.and after that we have signed in front of judge also. judge sir has given decision for divorce on 28 nov. how and when i will get the judgment copy and what r the case my divorce will be cancelled ,so that i take precaution. she is too much clever.plz suggest me sir
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Whether contesting divorce petition means interest in continuing the relation?
If one spouse do contest the divorce petition, does it implicitly means the he/she is interested in continuing the marital relationship?
Can the other spouse tell the court that I'm not interested to continue the relationship, but I'm contesting the divorce petition just because the allegations are false and the same defamed my status in society so I want to disprove the same and get the judgement in my favour? Once I get the judgement, I'll file for divorce on ground of mental cruelty arising out of false allegations.
Whether such a viewpoint maintainable in court?