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Tapanr (MD)     09 September 2014

Divorce orders-question

Sir,

1. Divorce was filed about 1.5 years ago.

2. The Judge hearing the case was transferred 3 months ago.

3. The new Judge claimed that the evidences and witnesses are not enough for EX-PARTE in wife's favor..

4. More evidences were requested for final hearing.

5. The order date has been assigned.

6. The file has been transferred to the previous Judge for making a decision.

I request the experts to advice the possible reason that the fila could be transferred to the old Judge who is probably in a different city for making the case decision.

I am quite worried as I want my wife to return home.

Regards

 



Learning

 1 Replies

Tajobsindia (Senior Partner )     09 September 2014

1. Gross illegality in proceedings is found the moment new ld. Judge is sending case file to his predecessor ld. Judge that also in a different city? Such file transfers is never heard off and makes fit case to file a Complaint before a Vigilance Judge.

2. Now you need to actually discover if this new ld. Judge has actually proceeded on sending case file to his predecessor ld. Judge or some rumors are in air before filing a complaint case before a Vigilance Judge otherwise such complaints from your side are treated as mischief on your part and may show you in bad light during proceedings in hand.   

3. On to your question of everlasting love towards your wife and having no intention to break the matrimony, you are supposed to negate all her allegations paras and pray for restitution of conjugality of the spouses from ld. Court. I donot know your pleading paras when smell of ex parte is coming from left and from other side evidences lead by wife in her own divorce suit matter are said to be not enough that all leads to probable dismissal scenario is what I see but then you put here as discovery new ld. judge vis-à-vis his dependence on his predecessor to announce final Judgment for or against that also when he is alleged to be in another city which sparks jurisdiction row r/w vigilance enquiry is also spelled in your brief. 

4. In sum your brief sounds to me as ignorant wordings or lack of understanding of case procedures hence you need to discuss your case file and recent discoveries with a local advocate as all these sounds too improper conduct on part of a new ld. Judge to me leave aside what could be the final judgment  and/or if your wife will come back to matrimonial home or not. 


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