my wife though with good job, she hid the fact that she was working & filed a maintenance case in Andhra Pradesh, the judge was biased towards her as she was a friend of one of her relative, this was way back in 2012. I had then posted this problem in this forum for guidance, as per the suggestions I applied for transfer of case from that court to another court in the same district citing discrepancies in her address and jurisdiction, I won the transfer to the other court which was hearing a 498a case filed by her aginst me and my family, the first court had already finished her chief and cross by then, the other court had take taken up the case in July 2013, but since then nothing has happened, I believe that even this judge is being influenced by that other biased judge. It is 2015 now.
My query is that
1) This judge has given 18 adjournments for further evidence.
The petitioner wife is only taking adjournments and not presenting any evidences at all for past two years.
18 adjournments for a single cause seem insane is this permissible in law, or is he going beyond his boundaries to help her.
Further my wife has cited the delay in maintenance case and filed for interim maintenance in November 2014 though the delay is actually caused by herself. She and her counsel were pressing for urgent disposal of the interim maintenance and we were put to lots of questioning by the judge when we sought one additional adjournment for providing our argument, During the arguments I presented a secondary proof to show that she was working in Hyderabad and is not jobless as she is claiming to be along with multiple citations in my support (courtesy:- lawyers club India). Her counsel immediately sought for adjournment for providing additional citations, which was given immediately without any questions. And since then they have taken seven adjournments for providing additional citations on their behalf.
To my knowledge an interim maintenance case should be disposed within 60 days, but the judge has allowed the case to prolong much beyond the stipulated period it is almost 100 days now owing to my wife’s counsel’s request for adjournment for providing additional citations on their behalf.
Sometimes I can’t make out if this is a judicial court or a kangaroo court that is being run for the whims and fancies of the petitioner
Since this is forcing me to travel about 600km for each hearing this is costing me money, time, and strain. What can I do to expedite this situation? I don't want to have a confrontation with the judge as it can lead to other complications.
Probably my wife’s game plan is that prolong the case while forcing me to come each time and put me in to sufficient mental torture that at some point of time I might break down and agree to her demands which are too unjust (she is un officially asking for half of what is owned by my father, mother, and that of my brother all put together, which was hard earned by them, whereas I am now penny less as all my savings had to be spent bail in 498 and for legal battles since then)
I am attaching the adjurnments for your persual and informed sugestions
MAINTENANCE CASE UNDER 125 CrPC
Hearing date Next hearing date Purpose of Next Hearing
15-07-2013 NOTICE (case re-numbered on this day)
15-07-2013 05-08-2013 FOR TRIAL (though it says for trial nothing
05-08-2013 13-08-2013 FOR TRIAL happened, but providing an
13-08-2013 30-08-2013 FOR TRIAL adjournment for next date)
30-08-2013 13-09-2013 FOR TRIAL
13-09-2013 26-09-2013 FOR TRIAL
26-09-2013 10-10-2013 FOR TRIAL
10-10-2013 25-10-2013 FOR TRIAL
25-10-2013 08-11-2013 FOR TRIAL
08-11-2013 23-11-2013 FOR RECONCILIATION
23-11-2013 23-12-2013 FOR TRIAL
23-12-2013 20-01-2014 FOR TRIAL
20-01-2014 09-02-2014 FOR TRIAL
09-02-2014 03-03-2014 FOR TRIAL
03-03-2014 19-03-2014 FOR TRIAL
19-03-2014 10-04-2014 FOR TRIAL
10-04-2014 30-04-2014 FOR TRIAL
30-04-2014 14-05-2014 FURTHER EVIDENCE
14-05-2014 10-06-2014 FURTHER EVIDENCE
10-06-2014 01-07-2014 FURTHER EVIDENCE
01-07-2014 18-07-2014 FURTHER EVIDENCE
18-07-2014 11-08-2014 FURTHER EVIDENCE
11-08-2014 12-09-2014 FURTHER EVIDENCE
12-09-2014 24-10-2014 FURTHER EVIDENCE
24-10-2014 05-11-2014 FURTHER EVIDENCE
05-11-2014 13-11-2014 FURTHER EVIDENCE
13-11-2014 26-11-2014 FURTHER EVIDENCE
26-11-2014 19-12-2014 FURTHER EVIDENCE
19-12-2014 26-12-2014 FURTHER EVIDENCE
26-12-2014 05-01-2015 FURTHER EVIDENCE
05-01-2015 13-01-2015 FURTHER EVIDENCE
13-01-2015 28-01-2015 FURTHER EVIDENCE
28-01-2015 11-02-2015 FURTHER EVIDENCE
11-02-2015 19-02-2015 FURTHER EVIDENCE
19-02-2015 04-03-2015 FURTHER EVIDENCE
