Lalit (Senior Manager) 26 June 2011

Am I fool ?

Hi Learned Forum,

Requesting your valuable advice. Please read and let me know if I am foolish.

I am an unhappy ex-husband whose unconsummated marriage (8 years ago) was granted divorce by a Family Court on grounds of wife's cruelty and wife's desertion ; upon my divorce petition after an elaborate trail lasting 2 plus years ; Her maintenance petition is still on at the same FC.

She appealed to the Hon'ble HC and obtained "interim suspension".

Frankly, I have become very very very tired. And sick.

I'm not sure what to do, but thinking. Time is running out since the 30 day period is approaching fast.

I am sure that ANY sensible person will be satisfied the way the entire trial was conducted ; exhaustive cross-examinations on both sides, detailed observations of the FC and conclusions that followed.

However, her appeal petition at the HC suggests faults & omissions with the FC.

Now shocked to discover that my (present) Learned Advocate, their new Advocate at the HC and one of the two HC Judges (dealing my case) are all own (blood) brothers. I am unable to assess integrity and don't know what or whom to trust.

This is what I think. Please tell me if I am foolish.

I don't want to engage any more advocate in HC. I will speak for myself and present my defence, whatever best I can.

Will I be given that opportunity ? Is it allowed ? Is it compulsory to engage an Advocate ?

Can I officially file a simple straight reply to that effect ?

The notice asks to attend HC within 30 days failing which HC decision will be my absence. Can I put any written request for some more time ? Is it normally granted ?

The realy question is :

Do High Courts sincerely give quality time to go into details considering such appeals ?

Will HC decisions really be based on findings of the FC or will they be arbitrary or something else ? How is it in the real world of High Courts ?

Where can I get some more useful relevant exposure. Please suggest.

Thanks in advance.

Lalit

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Saurabh..V (Law Consultant) 27 June 2011

@Lalit

The basic question is that will the judge who will hear you case is a wise judge or someone who just goes by the books?

If the judge is neutral, then you need not worry. Just file an application that due to existing reasons that your advocate and the opposite party's advocates are brothers, you do not want your current advocate to plead for you and you would argue your case yourself.

If the judge is not good then you should file an application before the Chief-justice high-court stating the facts, that being your advocate and appelant's advocate are full-blood and also the judge is the same. And state this reason to transfer your casse before a more neutral judge.

Also thinking about agruing for your own case might turn fatal as sometimes judges give easy opportunity to learned advocates but for general people like you, such opportunity is scant. Yet, it depends on the judge.

//peace

/Saurabh..V

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