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neel (self)     30 October 2011

How and where to file a complaint against family court judge

How and where to File a Complaint Against Family Court Judge?

 

 

Where to file complaint and who is competent authority and jurisdiction to file such complaint

 

(the context is certainly not merely the error or disputes about the merits of a judge's decision but it is about fraudulent, unrestrained, unabated, unruly and unethical conduct as if there is nobody to question them in the name of Independence of Judiciary and forgery of records . )

 

 

one cannot say that it was a mere procedural error after a person gets caught red handed. 

 

Ignorance of law is no excuse and there is strict liability in the law is some areas and in the guise of "motive/negligence/carelessness' etc etc  the mischievous judge shouldn't be allowed get away from his guilt (the judge needs to be brought to justice for his oppressive regime as if there is nobody to question him!!!).

 

 

Is such complaint treated as PIL?



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 October 2011

You will have to file complaint to the Registrar of Vigilence, High Court ( Vigilence Section).  He is the authorised person to entertain the complaint's against the judges.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     30 October 2011

Dear neel Mr. Rajoo is right, because no court shall take cognizance

according to sec 197 Crpc

197. Prosecution of Judges and public servants.

 

(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty no court shall take cognizance of such offence except with the previous sanction-

 

(a) In the case of it person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;

 

(b) In the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government:

 

1[Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression "Central Government" were substituted.

 

(2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union whole acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government.

 

(3) The State Government may, by notification, direct that the provisions of subsection (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, whenever they may be serving, and thereupon the provisions of that sub-section will apply as if lot the expression "Central Government" occurring therein, the expression "State Government were substituted.

 

2[(3A) Notwithstanding anything contained in sub-section (3), no court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued trader clause (I) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government.

 

(3B) Notwithstanding anything to the contrary contained in this Code or any other law, it is here by declared that any sanction accorded by the State Government or any cognizance taken by a court upon such sanction, during the period commencing on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the Code of Criminal Procedure (Amendment) Act, 1991, receives the assent of the President, with respect to an offence alleged to have been committed during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in the State, shall be invalid and it shall be competent for the Central Government in such matter to accord sanction and for the court to take cognizance thereon.]

 

(4) The Central Government or the State Government, as the case may be, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the court before which the trial is to be held.

 

1. Added by Act 43 of 1991, sec. 2 (w.e.f. 2-5-1991)

 

2. Ins. by Act 43 of 1991, sec. 2 (w.e.f. 2-5-1991)

 

STATE AMENDMENTS

 

Assam:

 

For sub-section (3) of section 197, the following subsection shall be submitted, namely.

 

"(3) The State Government may, by notification, direct that the provisions of' subsection (2) shall apply.

 

(a) To such class or category of the members of' the Forces charged with the maintenance of' public order, or

 

(b) To such class or category of other public servants [not being persons to whom the provisions of sub-section (1) or subsection (2) apply] charged with the maintenance of public order.

 

As may be specified in the notification wherever they may be serving, and thereupon the provisions of sub-section (2) shall apply as if' for the expression Central Government occurring therein, the expression State Government were substituted."

 

[Vide President's Act 3 of 1980. (w.e.f. 5-6-1980)].

 

Maharashtra:

 

After section 197, the following section shall be inserted namely.

 

"197A. Prosecution of commissioner of Receiver appointed by civil court.- When any person who is a Commissioner or Receiver appointed by a court under the provisions of the Code of Civil Procedure, 1908, is accused of any offence alleged to have committed by him while acting or purporting to act in the discharge of his functions as Commissioner or Receiver, no court shall take cognizance of such offence except with the previous sanction of the court, which appointed such person as Commissioner or Receiver, as the case may, be."

 

[Vide Maharashtra act 60 of 1981, sec. 2 (w.e.f 5-10-1981)]

1 Like

neel (self)     31 October 2011

Thanks for the information.

PINAKIN LEUVA (SO)     07 August 2014

HON'BLE SIR ,

 

      NAMASKAR , I HAVE FILED DIVORCE CASE UNDER SECTION - 13 , MY WIFE  HAS AGREED & CONSENT  DIVORCE , BUT FAMILY COURT NUMBER - 4 , AHMEDABAD  HAS NOT PREPARE ISSUE FRAME . HOW CAN I FILE MY COMPLAINT AGAIINST FAMILY COURT NUMBER - 4, AHMEDABAD CITY , GUJARAT STATE.AND HOW CAN I GET DIVORCE UNDER SECTION - 13.MY HMP NUMBER IS 586/12 , FAMILY COURT NUMBER - 4 , AHMEDABAD ,GUJARAT ,PLEASE CO-OPERATE ME FOR FURTHER INFORMATION .KINDLY FURNISH INFORMATION , THANKING YOU SIR ,

 

REGARDS,

 

SINCERELY ,

PINAKIN RAJESHKUMAR LEUVA , AHMEDABAD , GUJARAT . DATE - 07TH AUGUST 2014.


Attached File : 318188341 199613 1459509106325 670208 n.jpg downloaded: 238 times

AP (engineer)     17 October 2014

HI 

ANY ADVOCATE WHO WILL GUIDE TO MAKE COMPLAINT AGAINST JUDGE.

I HAVE SAME CASE WHICH MR. PINAKIN INDICATED HERE.

SAME MEANS .......SAME COURT, SAME TYPE OF CASE AND SAME RESULT AS ON DATE. I HAVE FILLED COMPLAINT FOR DIVORCE IN JUNE AND TILL DATE NO JUDGEMENT REC'D FROM COURT.

PINAKIN,

WHY CAN WE WILL NOT MAKE LETTER AND SUBMIT TO CONCERN AUTHORITY IN AHMEDABAD.....SURELY THERE ARE OTHER CASES FOR COURT-4.

MY CONTACT DETAILS : APRIYU2007@GMAIL.COM

ALPESH

Narayanan   05 October 2016

Dear Sir, The honorable Judge was in leave for  all the 3 times on my apperance date at Chennai Family additional court-1 in Sep and Oct 2016 and due to which my case is is getting delayed. I do not know where to complian and no one take the court related complains. Please advise. I am living with pain because of this and no one understand our problems. The simple visitation rights is taking about 4 years and I am still fighting to get an order on my fundamental visitation right and the entire process is very very slow at Chennai.


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