transfer crpc 125 mentinence case from magistrate
Querist :
Anonymous
(Querist) 17 January 2010
This query is : Resolved
Dear sir,
I want to transfer crpc 125 mentinence case from magistrate to DJ/ seasson court, becouse he is not competitent he is new or just fresher appoinment judge .
He has issue the warant to me without loking the back wrttinfn order sheet in wich i am attending continouse and also putting the signature in order sheet . One day i late for one hour and her council reach the at 10.45 Am and argument to the court for issung the warant .
How can judge issue the warant without any ground ? I will compaint to Chief jutice and Season/DJ court.
Can i transfer the application from magistrate to DJ /saeson court?
Guest
(Expert) 17 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 0971971251
REGARDING 125 CRPC AND WARRANT KINDLY NOTE THAT.
1.WIFE CAN CLAIM MAINTAINENCE UNDER SECTION 125 OF CRPC.
2.KINDLY NOTE THAT IN CASE APPLICATION IS ALREADY DECIDED BY THE COURT AND JUDGEMENT IS PASSED AND HUSBAND IS ORDERED TO PAY CERTAIN AMOUNT PER MONTH TOWARDS MAINTAINENCE OF WIFE.AND WIFE HAS FURTHER FILED APPLICATION TO THE COURT FOR RECOVERY OF SAID MAINTAINENCE ARREARS THEN IN SUCH CASE ON AN APPLICATION OF WIFE FOR WARRANT FOR RECOVERY OF SAID MAINTAINENCE AMOUNT ARREARS,COURT CAN ISSUE WARRANT AS PER LEGAL PROVISIONS PLEASE NOTE.
3.IN YOUR CASE WHEN MATTER WAS CALLED OUT YOU WERE NOT PRESENT BEFORE THE COURT FOR PAYING THE MAINTAINENCE ARREARS TO YOUR WIFE HENCE COURT HAD ISSUED WARRANT.
4.YOU SHOULD NOT BE AFRAID OF THE SAID WARRANT AS IT WILL BE CANCELLED ON YOUR APPLICATION TO DEPOSIT FULL OR PART PAYMENT OF ARREARS TOWARDS MAINTAINENCE PLEASE NOTE.
5.KINDLY NOTE THAT THE SAID COURT HAS FOLLOWED LAW PROVISIONS.ANY OTHER COURT WOULD HAVE DONE THE SAME THING.
6.HENCE INSTEAD OF SPENDING YOUR MONEY IN FILING TRANSFER APPLICATION TO DIST AND SESSIONS COURT YOU MAY PAY THE SAID AMOUNT TOWARDS MAINTAINENCE OF YOUR WIFE AND CHILDREN AS YOU HAVE TO PAY SAID ARREARS IN ANY OTHER COURT ALSO.
IN YOUR OWN INTEREST BE CALM AND CONFIDENT AND IN CASE YOU FEEL THAT MAINTAINENCE AMOUNT IS EXCESSIVE THEN YOU FILE APPLICATION TO DISTRICT AND SESSIONS COURT / HIGH COURT FOR REDUCING THE SAID AMOUNT AND FOR STAY OF IMPUGNED JUDGEMENT.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE AND SEND DETAILS.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Kiran Kumar
(Expert) 17 January 2010
dear friend, u may get the matter transferred to some other court of same competence, but you must have strong reasons for this, dont be afarid of the fact that the judicial officer is a new appointee.
he might have been misguided by the opposite counsel, so on the next date of hearing aprise the judicial officer of the actual factual position....but still if u find the officer lacks judicial mind then u may move transfer application...however the matter, if tranferred, to another magistrate only and not to the Sessions court.
consult ur local lawyer, who can advice u as per the record available with u.
Arvind Singh Chauhan
(Expert) 17 January 2010
Sir,
Magistrate is new and fresher is no ground to transfer the case. If you think magistrate is bias that may be a ground, but as Kiran sir have said case can not be transferred to session judge he is right. It can be transferred to another magistrate. It is prevalent that freshers are doing such gross irregularity. There should be complaint against them and also strong action. If one is arrested on such order and put behind the bar what will be the impact ? Are courts free from constitution as right to life and liberty ?. I have felt new freshers never realize their ignorance or fault. If you compain in a polite manners to them they often Say " AP HAMKO SIKHAYENGE?"
Raj Kumar Makkad
(Expert) 17 January 2010
Mr! Magistrate has full power to issue non-bailable warrants against the accused who is not present at the time of call of his case irrespective of his past regular attendances. This is not a ground to make complaint or to get transfer your case. when you admit your late coming, why and how can you make complaint against the trial magistrate and call him a fresher?
It is advisable you to get your fresh bail and let the further trial in the same court and attend the court in time.
B K Raghavendra Rao
(Expert) 19 January 2010
You have accepted that you were late to the court. The court would not wait for you. You are bound to attend the court in time.
You might have been prompt in attending the court, but it is not a ground to sympathise with you for your one day's absence or late attendance. Judge being old or new is immaterial. You have to be on time, every time.
You cannot seek to transfer your case from the Magistrate's Court to the Sessions Court ultravires of Code of Criminal Procedure.
Guest
(Expert) 19 January 2010
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