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A VICTIM OF MRS HITLER (JUSTICE SEEKER)     17 June 2010

judge calls me

Amany of you may know my case..as i have been writing very often....the judge in a DOM VIO case agaisnt me wants to see me --in court ( attendance) ....however....there is a FIR filed against me through my wife by the same judge ..in the same city -- where he was alleged to have been bribed......

BUT THE POINT IS....as my case stands today ..is that this judge has passed an EX-PARTE PROCEEDINGS AIN MY CASE.....as my lawyer colluded.(REFER: LAWYERSCLUBINIDA.COM  QUERY -MAY 19, 2010) although i ahve applied to restoration..

NOW...THE QUESTION IS ..IF EX-PARTE PROCEEDINGS , WHY SHOULD BE WANT TO SEE ME ??? THIS PUTS ME IN DOUBT..........DOES HE WANT TO ARREST ME WHEN I ATTEND HIS COURT???

THANKS IN ADVANCE



Learning

 8 Replies

Arup (UNEMPLOYED)     17 June 2010

better you pray to high court with this plea.

you already complained against him, there is a chance to victimise you,  therefore he has no legal or moral right to judge your case. the case may be send to the court of another judge.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     17 June 2010

Do agree with the views of my Ld. friend.

Pankaj Mehta (Advocate)     17 June 2010

yes, definately you should move a transfer petition before competant DJ court. Also enquire about any criminal proceeding drawn against u u/s 31 of DV Act for voilation of any order passed, As a non bailable offence, apprehention of arrest is knocking to u in that case.

u should prefer to file an appeal against such ex-partee order rather to file a restoration application. 

A VICTIM OF MRS HITLER (JUSTICE SEEKER)     18 June 2010

THANKS TO ALL....

PANKAJ... the judge has only passed an order TO  PROCEED EXPARTE ...

AND HENCE THERE IS NO VIOLATIO OF ORDER...TILL NOW

IN DOM VIOLENCE IS IT NECESSARY FOR THE REPOSNDENTS ATTENDANCE..particularly now as

the judge has called for exparte proceedins...?? THAT IS MY QUESTION.

Arup (UNEMPLOYED)     18 June 2010

if you or your advocate do not attend the court, the other party get the benifit of it by exparty decission.

A VICTIM OF MRS HITLER (JUSTICE SEEKER)     18 June 2010

THE ADVOCATE DID NOT ATTEND THE COURT......deliberately....under collusion

thats my question

Pankaj Mehta (Advocate)     18 June 2010

if u believe, your advocate is not dealing ur case honestly, why u are relying upon him?? change it

as far as personal attendance of respondant is concerned, DV act is silent but the proceedings of DV act are of criminal nature, hence personal attendance is necessary which can be exempted on a hearing if a justified cause has been shown.

Vijay Kumar (Advocate)     18 June 2010

In Dv case, personal attendance is not required as the court does not demand bail bonds from the respondent.


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