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Ravindra Malve (Data Recovery Expert)     03 July 2011

Judgement delayed......suspecting conspiracy

I have filed under GWA for the custody of my 6.5 years old son.

It is filed in local district court .She has filed for maintenance in same court under S 125.

We have presented each and every evidence to make her each and every allegations wrong.We presented 40 odd documentaly evidences where she presented 2 pages,both fabricated.

The judge ,rather than making order,is consuming each and every date by telling poems,narrating stories etc. etc.

We appreciated his try to settle out the dispute,but in vain although we were ready to settle ,my wife told arrogantly to the judge that she don’t wanted settlement and she should be awarded divorce.After that also 2-3 times she came in witness box and alleged me with many allegations w/o any evidence.

The whole scene was ridiculous,that although case was for child custody she was given many opportunities to speak about divorce,allegations and many more besides childs welfare.I objected strongly but in vain it is ignored.

Also in initial dates she did not appeared before the court 3-4 times also child was absent for 7 hearings.We objected many times but each and every time she has been given full freedom.After 5-6 dates my lawyer was also suggesting me to keep quite and see whatever happening w/o any retalliation.

In the last hearing Judge crossed all the limits.I pleaded for presenting child in the court after long haul she presented it in the court.While sitting she sat in between me and my son so that he should have no sight of us.She was holding his one hand in her hand was continuously telling him something.Possibility is that she was creating a mental pressure upon him.I was shocked to see the reactions of a child.My mother havent seen him for the last 8 months she was calling her to come,My sons reaction to this was that he kept his both hands on face literally hiding all sight.It was horrific.The boy who was very much closer to grandma was reacting with her such way.The same thing happened with me.I pointed out these issue to the judge.But he said that what can court do in this matter?Also he insisted to take his interview on the same moment.I strongly objected by saying that taking boy’s  interview in this stressful condition may hamper his mental health.These things are destroying his freedom and innocent childhood.But Judge was noway in mood to liosten.My boy was under tremendous pressure from my wife and her parents.

But Judge made his mind to take interview.Now the interview went like this.

Before interview the boy was trained by 8 or more people so rigorously ,they trained him what to say how to react and many more by blacklmailing him emotionally.They created a huge pressure within him.I was pleading about this.Interview  conducted in the presence of both lawyers.My son spend some 10-15 mins with Judge.Then Judge asked me to come at his Chamber.I went then he said to call up my son.When I called he reacted in thye same manner by putting his both palms on face.It was unbeleivable.he was trying to ran away from me.I could not control my tears.I broke down crying,at this jucture my son also started weeping immediately when I started crying.It was his supportive cry to me.He was helpless and dependent to retalliate all these evil doing people.And after this I told judge that How you created trust with the child?What questions you asked and what was your findings ,he said that don’t I have trust on the court.I said I have not said like this I am simply asking you clarification.He got angry and reacted.He himself asked me to transfer my case to Judge and game me two days time to think upon.I am suspicious about a cospiracy behind this in which all these people were involved as judge was always doing hearings in biased manner.My lawyer who was local from the city was also involved with them later.Because I was observing him from 3-4 hearings.

I  am very much confirmed that only for the ego satisfaction my wife and her parents are keeping the boy under huge pressure which may destroy his innocent childhood,his mental health and future.

I m planning  to plead to Senior court(High court) about these happenings.I also Wanted to submit all happening whatever happened,so that I can get transparent judgement.

Judge gave us 7 as next hearing date,might be he will release order on that date.

My questions are as follows.

1.Did interview taken was justified?

2.Does within 15 mins of interaction, boy devloped confidence to speak freely,just after escaping from the 8 odd people who created huge blackmailing and pressure upon him to behave only as directed?

3.Why did Judge not disclosed the qustions asked to boy?

4.Why Judge  allowed to speak my wife about allegations,divorce and many more issue which were not at all related to GWA.hence was simply consumption court’s precious time.

5.Why Judge not listened to conduct interview in a neutral environment?

6.If some mental problems devlopes within the child ,due to mental pressure,with whom I plead later on.It will completely ruin my child.

7.How Judge expected that child will react me positively,as boy has not seen me,not spoke single word with me due to their restrictions?

8.Why didn’t Judge paid attention to our requests about boy's interview?

9.How can I plead to Hon. High court about these incidents?

I want to directly plead and run the case in high court only,is it possible.

I m ruined of but I will not allow my wife and her parents to repeat it with my helpless boy.

Please advice me .I will be thankful to all of you.You people always gave me fair advice expecting same again.

 



Learning

 18 Replies

Ravindra Malve (Data Recovery Expert)     03 July 2011

I wonder,after 26 views no one answered my questions?Lets hope for answer.

Ram Singh (sdf)     04 July 2011

The judges these days do not want to own up a responsibility. He is wasting time so that you get frustated and settle something out of court. He is looking towards you to provide him a reason to give you the child. See he is giving  you time to press charges "against the mother" and prove them.

You should get a strong lawyer who can quote some judgements where the custody of a minor child was granted to a father, this will help the judge get some footing to give a decision in your favor.

Otherwise the things and behavior you have written is usual and no concrete ground to take the child away from mother.

Saurabh..V (Law Consultant)     04 July 2011

@Ravindra

 

As you narratted this matter here, you should simply write an application to the High Court. Just keep in mind that application should be brief and still it should contain all details. You can tell that you are not satisfied with the proceedings and the proceedings have been completely biased.

 

If the High Court finds force in your application, it will convert it into a petition and you will be given opportunity to state your facts in the presence of your wife.

 

Lawyers are called black-coat not for any unknown or baseless reasons. There are only 10% lawyers who are working for the profession and rest are working for money.

 

In the proceedings you should personally object whenever you feel the lawyer is not pushing your case. Generally, by not objecting at the right point, the lawyers make your case weak. Then they make you feel restless and hastily snatch more money from you. Make a wise decision.

 

//peace

/Saurabh..V

Ravindra Malve (Data Recovery Expert)     04 July 2011

Thanks Saurabh and Ram Singh for your honest advice......

Mr Tajobs I m expecting your answer too on the questions raised by me.I am eager to know what you feel?

Ravindra Malve (Data Recovery Expert)     05 July 2011

I WONDER THAT ,AFTER 90 VIEWS STILL ONLY 2 OUT OF ALMOST 1 LAC SUBSCRIBERS HAVE COURAGE TO ANSWER.

I WAS EXPECTING EAGERLY ,MR. TAJOBS TO ANSWER OVER THIS.WAITING FOR THE REPLY.

Ravindra Malve (Data Recovery Expert)     06 July 2011

Expecting sincere and honest answer.

Ravindra Malve (Data Recovery Expert)     08 July 2011

expecting answer.mr. Tajobs why r u kept so quite.expecting answer from u.

Ravindra Malve (Data Recovery Expert)     24 July 2011

I was expecting honest and frank reply upon this query......

But in vain.This forum seems to have deficiency of such people who can give FREE,HONEST AND FRANK suggestions when it comes delicacy about an important issues.Only numbers of subscribers is getting increased day by day ,what about TRUTH speaking and whistleblowers......Now dont blame anything else.

SPEAK THE TRUTH.

Replies are welcomed.

Ravindra Malve (Data Recovery Expert)     25 July 2011

Whats about MODERATORS?


DONT WANNA ANSWER MY QUESTION?


(Guest)

Tajob ko bar bar kyun lalkaar rahe ho???Woh abhi vishram kar rahe hain...he is tired of fighting with metro wives here!:P

1 Like

Ravindra Malve (Data Recovery Expert)     20 August 2011

 

"You should ask it in PM and  post that query in expert section also.If u do so u can get what u want to know.That query is trouble to reply as it is about a judge.(I think.I m not a lawyer.) "

I think you are not Lawyer...... U urself accepted this reality in reply to my previous post.

Do you have any problem if I ask for Tajobs?;( Why R U irritating so much? or R U proxy user like Priya who is more interested in hiding identity.

You are not dictator to tell me whom should I ask the query.You as well as I ,are in forum ,This is not your personal blog.

Many users in this forum fools around people asking various things by posing in different PROXY avtars.U seems one of them.Overestimating ur self and Underestimating normal people.

Whats the problem wid you.

You were very much eager to see my post na? now reply rather than making quarrels.

Tajobsindia (Senior Partner )     20 August 2011

 

@ Author

1. Did interview taken was justified?
Take: Rephrase que. legally i.e. "In GWA suits interview of child justified?" Ans. is yes to the point if child is of reasoning age. To begin interview it is a must by a ld. Judge to gauge 'reasoning' aptitude of child and report finding in opening of the days Order sheet of such interview followed by such Q & A of interview read with wishes of the child.


2. Does within 15 mins of interaction, boy devloped confidence to speak freely, just after escaping from the 8 odd people who created huge blackmailing and pressure upon him to behave only as directed?
Take:
always remember in child custody cases world over three emotive read with sentiments weapons temp. Custodians use; father is worthless - father has no women at home to see welfare of child - father will do s*xual exploitation of child if visitation / custody is granted. Base this as stepping stone and move forward with your observations in child custody suit daily court hearings. Meaning thereby a "protest application u/s 151 cpc" shall have been filed then and there to buy time for child welfare sake to get conducive with non custodial parent and then brought for interview as is discretionary proceedings under GWA. You and your side failed to see all these through due to emotions and sentiments overcoming or shall I say clouding your judgment in presented scenario.


3. Why did Judge not disclosed the qustions asked to boy?
Take:
Que. a ld. Judge is not simply done as point of verbal pow wow as believed to have been done by you. There is a art and it is called exercising Review option before superior Court to the present one where matter sub judice. However if you re-read take on 1 in the Order sheet the Q n A will come for your sides scrutiny once it is typed and signed. Seek certified copy of interview Order.


4. Why Judge allowed to speak my wife about allegations, divorce and many more issue which were not at all related to GWA. hence was simply consumption court’s precious time.
Take:
 It is unspoken Rule nisi of ld. Courts that a women shall be protected and ld. Judges set their mindset to 18th. Century when a women starts speaking especially under family law subjects before bench at bar. Hence, aggressive protest by your side to the point of contempt is thy name of counter to such court room dramas. Many natural guardians lack this presence of court skills. BTW develop thick skin and counter with choicest point of Law then and there and then see the result. 


5. Why Judge not listened to conduct interview in a neutral environment?
Take:
This is a innocent que. that I hear from a natural guardian moreover who one side complains of not bringing his own child by mother previous 7 times to court for visitation purposes. Mahaprabhu ever heard that a child should be never brought to Court for h/er own 'welfare' ? The fundamental que. a natural guardian shall ever answer when visitation of his own child is entrusted before Court setting is to 'protest' such 'environs' basing on 'conducive growth opportunity based on universally recognized
parens patriae doctrine applied on a minor child ever since 17th. Century and today it is much evolved and understood even by Hon’ble SC nd some of the South Indian HC’s". You failed previously to bring such doctrine during visitation is my independent observations and now complaining before this august forum about 'natural environments'???  Well till date only one ld. Judge (of a family Court in Kolkatta) took the child out of the court rooms and bought chocolates for the child and while strolling back with the child to the court he understood what the child really wanted in all his innocence; result the child was given on temp. custody to father ! Create that impression and environs then let us complain in larger minor (public) issues about cause title of this post. Some of us here are not fools sitting here to read such remarks in forums subject titles hence in future kindly rephrase subject titles by first understanding how law actually works for you if applied socially which mothers are master of such subjects in roller coaster court room dramas we see everyday in various courts……...


6. If some mental problems devlopes within the child ,due to mental pressure,with whom I plead later on.It will completely ruin my child.
Take:
Re-read take no. 5 and for the same there is something called "Application for child psy. evaluation u/s 151 cpc" filed by cautious natural guardians and get it allowed and catena of judgments from various Indian courts are there to this say. Try launching such initiative if your concerns are on ground zero really genuine for which your fatherly instincts are best Judge.


7. How Judge expected that child will react me positively, as boy has not seen me,not spoke single word with me due to their restrictions?
Take:
Re-read take para 5. Strive for every inch of fathers love towards minor child when minor involved in court suit.


8. Why didn’t Judge paid attention to our requests about boy's interview?
Take:
What request; verbal – forget it! Where was your ‘protest application?” Any documents in file of the court is called material doc and for consideration during appeal / review same turns into material document, I see such crucial docs missing in your verbatim complain before us !


9. How can I plead to Hon. High court about these incidents? I want to directly plead and run the case in high court only, is it possible.
Take:
A adult sensible presentable citizen of
India can appear before any Court / Tribunal as party in person. However like a child who is 6.5 yrs. is in class I so shall the father will start child custody doctrine studies which will make him present the correct ‘facts’ supported by ‘grounds’  read with point of Law before any higher forum. Hence do the needful accordingly.


All the best and we shall pray for giving you clarity of mind, body and soul in sensitive matters such as these presented before us. 

 

Ravindra Malve (Data Recovery Expert)     20 August 2011

Thanks for the clarification.

Thanks for the prayer.

And with the help of MYSELF ,Mother and my friends my soul as well as body are clean.Do not worry about any happenings in sensitive situation like dis.I have got so much diverse experience about people ,which taught me a lot.


(Guest)

@ Ravindra Malve

I don't have any problem if u ask it to Tajobindia.He is a very smart and learned member here.You kept repeatedly challenging him.So i am sure you are a proxy avtar who have been challenged by Tajob in some other thread .So you thought he can't reply you ,so were repeatedly challenging him.

Yes I am not a lawyer.That's why I am not replying you.If u know everything y crying foul here??

 

Many users in this forum fools around people asking various things by posing in different PROXY avtars.U seems one of them.Overestimating ur self and Underestimating normal people.

If u think so y u came here to be another fool?This is neither your personal , so mind your language.If u cant digest simple funny things then its your problem.


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