Complaint against illegal action taken by a judge
CHARAN SINGH
(Querist) 12 August 2016
This query is : Resolved
A case of judicial separation was filed by a husband since husband and wife were living separately for last fourteen years. Wife filed F.I.R. under section 498A, 406, 34 I.P.C. in which eight out of total 9 accused were discharged by the court. During cross-examination with the wife in the judicial separation case. The judge started writing cross examination at 1:15 P.M. and repeatedly requested the husband to close the cross-examination with the wife at 1:40 P.M. On his request, the husband said ok assuming that the cross-examination will be deferred for the next date.
But on the next date, husband came to know that the cross examination was closed by the judge arbitrarily at the last date. Husband gave application for cross examination which was disallowed by the judge and a cost of Rs. 1,000/- was put on the husband stating that you are trying to delay the case and the case was fixed for final arguments.
Husband was not ready for this, then in the open court, the judge said to the husband that you are living separately for the last fourteen years and I will allow judicial separation on this ground in my judgement. You should not waste your time in bringing more evidences. Then the husband did not object to it and the judge gave judgement dismissing the case with cost on the husband.
Now the husband is feeling cheated by the judge. Is any action allowed in the law against the judge?
Kumar Doab
(Expert) 13 August 2016
Although you have tried to explain.
Still your own counsel well versed with the matter can advise you better.
Your counsel may not advise to complaint against the judge and may advise to appeal against judgment.
Rajendra K Goyal
(Expert) 13 August 2016
Judge has given the judgement.
If not satisfied, you can go for appeal.
