Upgrad LLM

lanugage issue with judge in 498a

eng

 

Hello Members,

I appeared today in my 498A case. Judge asked me if i have any lawyer and i replied that i am appearing in person. Then he asked me that i cant appear in person without filing a formal application for it. Then he asked me if i know marathi and i replied that i am not very much comfortable. Then he said that he doesnt know hindi that much. Then i suggested him that i can communicate with him in English and he replied with saying that laguage of court is marathi and i need to speak with him or file an application in marathi only.

Please suggest if filing an application to appear in person is mandatory and what can be done with this language issue with judge?

Thanks

 
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Bangalore

Originally posted by : pun

 

Hello Members,

I appeared today in my 498A case. Judge asked me if i have any lawyer and i replied that i am appearing in person. Then he asked me that i cant appear in person without filing a formal application for it. Then he asked me if i know marathi and i replied that i am not very much comfortable. Then he said that he doesnt know hindi that much. Then i suggested him that i can communicate with him in English and he replied with saying that laguage of court is marathi and i need to speak with him or file an application in marathi only.

Please suggest if filing an application to appear in person is mandatory and what can be done with this language issue with judge?

Thanks


Take help of translator, hire a lawyer.

 
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Worker

strange !

as per my view, Hindi and English can be allowed.

no application is required to be filed for appearing PIP.

 
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Dy Director

paralell query at http://www.lawyersclubindia.com/forum/details.asp?mod_id=78211&offset=1#.UVy63DchHfM

 
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practicing advocate

It is the spirit of Marathi's.  I had appeared in one case, I filed an application, but judge said file an application in Marathi, but one man from Karanataka who is practicing there helped to write in Marathi.  It is ridiculous

 
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self employed

This is sickening that if our country is one then they can disallow Hindi. I believe 3 language formula must be adhered to. Wake up govt of India and do something. I recently had been to Chennai where buses had routes only written in local. Then how can we say India is is one and that Hindi is National language? 

 
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Fighter

@Pun,

 

Are you lawyer ? I appreciate your courage of fililng criminal cases as party in person. From my forum reading, i found Very few (may be counted on fingers) people fighting criminal cases as P-I-P.

 

My best wishes for you.

 
Reply   
 
Fighter

Also , i had read one case in family court where local language is gujarati. Appointed advocate was asking questions in Gujarati, another lawyer appointed as translator was translating it to marathi as the person who was appearing in cross was knowing only marathi. And the same lawyer was translating marathi answer to gujarati so that the typist can note down all his question/answers during cross. This arrangement worked quite well.

 
Reply   
 
Freedom

 

@ Pun 

On the next date file the application as below and on purpose file it in english without talking a single word he will accept it .If you observe normally with a vakalatnama a lawyer cant contest your case . similar is the case of PIP .

 

BEFORE THE HON’BLE JMFC -------, AT--------------

 

 

 

                                                                                Cr. M.A. No.  -/----

Mrs.-----                                                                        ---Applicant

       V/S

Mr. -----                                                                             ---Opponent

 

Application filed on behalf of Respondent  is as under

 

The respondent hereby wishes to state that he would be appearing hereby for all the future hearings as party in person .

It is therefore prayed that

1.Respondent  may kindly be permitted to represent himself.

 2. Any other just and equitable order in the interest of justice may kindly be passed .

 

Place : 

Date :-                                                        Respondent .  


Total likes : 1 times

 
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Dy Director

Even Ajmal Kasab did not know marathi but was allowed to defend.

 
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