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superfast munnabhai (trainee)     20 November 2010

Do judges read the petition/Replies ..if they do ..when!!

My wife and me had filed so many interim applications and its replies....

 

Every hearing I see that judge never even go through any document...and the case has not still gone to the stage of 'framing of issue'

 

All pages would total to much more than 100 full pages of writing...

 

Please clarify my doubt as ...

 

Do judges really read the petition/Replies completely?..if they do ..when/what stage do they do so?

 

The documents simply move from cupboard to desk and adjournment to next date......what's going on...Can any one explain....I was not able to resolve these queries even when I had a lawyer? Please help this unfortunate husband!!

 

 



Learning

 8 Replies


(Guest)

Please specify the court in which the petition is pending and also the nature of dispute and request made in interim applications. If the petition is pending in the Court of Judge Family Court no lawyer needed you yourself address  the court to expedite the procceeding otherwise ,If the petition is pending before criminal or civil Court you instruct your counsel or address court yourself . There may be a mischief or negligence on part of some subordinate employee in keeping  away the hearing otherwise Judges usually perused and considers all applications and document at the time of hearing the matter and before passing any order or judgment. Please bring the matter in the knowledge of Judge either orally or by means of application. I hope you will succeed.

1 Like

M Ravi Kumar (advocate)     20 November 2010

What you have not divulged  facts completely,what kind of petition ,you have filed ,for what purpose you have I.A's.please expand.All petitions and I.A  with supporting documents,the presiding officer of the court has to read ,hear both sides  aruguments and give his final order.

1 Like

R.Ramachandran (Advocate)     20 November 2010

Dear Superfast,

Please be sure that the Judges do read the files.   Obviously they read the files before coming to the Court.

As regards the case not progressing - Please tell me, if the parties vie with each other and compete in filing I.A. after I.A. - the entire life of the litigants and the Judge will be spent only in disposing of the I.As - when the Original matter comes for disposal, the original parties may not perhaps be alive.

So, it is for the parties to be circumspect and to decide what they want - whether they want disposal of their original case or the I.As.

1 Like

Arup (UNEMPLOYED)     20 November 2010

'

" Every hearing I see that judge never even go through any document...and the case has not still gone to the stage of 'framing of issue'"

- now u going through the practical experience.

according to cpc after getting the ws , the judge will frame issues, on the basis of petition and it's reply (ws) and one copy of the issue will be distributed to all the parties. if the parties not satisfied they may raise the matter firstly before the judge, if still unsatisfied, may go to higher court.

but sometimes judges try to avoid the procedures. this should not be.

 

Arup (UNEMPLOYED)     20 November 2010

" Do judges really read the petition/Replies completely?..if they do ..when/what stage do they do so?"

- it is expected that, judges really read the petition/Replies completely. but it is difficult to say whether a perticular judge is responsible to his job or not.

if they do ..when/what stage do they do so?    - after framing issues, witness and evidence stage will come. thereafter arguement ie final hearing and then will pronounce judgement and order.it is expected that in the meantime they will read all papers submited  by both the parties.

Arup (UNEMPLOYED)     20 November 2010

" I was not able to resolve these queries even when I had a lawyer? Please help this unfortunate husband"

-  it is indian court and you have to bear it.

i understood your mentality and feelings. i also gone through all these experiences.

Nyaayapriya (Advocate for justice)     21 November 2010

Mr. Arupji and others

What Mr. Superfast has expressed in 1000% truth.

The family court judges are least bothered about the petitions, objections, written arguments etc filed particularly by the husbands. They overlook salient points of the depositions of the husbands and which definitely favour the husbands. There are several instances wherein such glaring, conspicuous and perhaps intentional blunders are committed by the judges.

I have seen the Principal judge of the Family court of the leading information technology city in South India snubbing the husbands, not allowing them to speak (though logically), always negotiating the female advocates with a smiling face and heeding to their 'instructions' of unneccessary and unjust adjournaments etc.

I have also seen the same judge completely turning a blind eye towards all the vital points in depositions which are in favour of the husbands and underlining only those which are in favour of the erring wives and passing judgment accordingly.

The same judge is noted for decreeing what is not sought for the by the parties.

Very tragic indeed!!!!!!!!!!

Arup (UNEMPLOYED)     21 November 2010

yes i know.

 

but i am affraid that this may irritate a few of us and another question, though what he says 100 % ok but it is beyond the proof, just like boofers and other similar cases.

" The family court judges are least bothered about the petitions, objections, written arguments etc filed particularly by the husbands."   - i fully agrred with this. but we are almost helpless.


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