(Guest)

Rcr/125 cr pc and behaviour of family court judges

Hi All,

I would like to elucidate how the Family Court Judges are handling the cases these days....(Citing the reason of heavy pendency of cases in the court)...

My wife deserted me for no reason (simple family issue) and I filed RCR last year and she filed 125 CR PC for maintenance (she has my daugther 7+ yrs old in her custody) and I had filed for Visitiation Rights for the same...Wife is working and I already provided the Counter with all proof of her working in my counter to her 125 CR PC

Case has been dragging for 1 year when in all cross examination , Judge knows that it is my wife who deserted me volutarity for no reason (she is simply asking me to take a rented house near her parents house when I have a seperate own home in the same city - citing that she cannot take care of her daughter since she is working)...

Now in recent trial I attended in IInd Additional Family Court - In High court premises , I just asked politely 2 questions and her are her response to that ...

Question 1 - It has been 1 year since I saw my daugther , so am desperately seeking for visition:

Judge Response - When you file anything in court you need to WAIT and should not be hurry. Your hurryness just causes judge to voluntarily stretch the case , even if we wanted to pass orders; We have too many cases in pendency so you have to wait;

Question 2 - It has been 1 year , my wife has not joined me (without any reason) (and I paused before stating anything) and her is Judge response:

Judge Response - If she is not coming ,leave her and file for a divorce (even though she did not pass on any orders as such);

Note - Till now , no single "Couselling has happened" and I understand that always Court tries the best to provide counselling even for Divorce Cases and tries to restitute the marriage institution...

But when I have filed for RCR , and when NO single couselling happening for 1 year and Judge asks me to seperate (Is this correct way of proceeding?)

Now , based on the judge response my lawyer is also telling me "Look even Judge told to go for Divorce , so think about it?") - However , I am NOT going to file divorce because of this Judge and my Lawyer because , I sincerely wanted to live with her for the sake of my daugther...

<<<This instance happened in the IInd Additional Court of High Court Chennai>>>

Thanks for all your kind response...

Thanks & Regards,

Sathyan

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2 Replies

(Guest)

It will be idiotic on any client's part to talk to the judge regarding passing of orders directly. Judges are lawyers who like to be spoke to by lawyers. What you have conversed with the judge, your lawyer had to do it. And you were rude in your conversation with the judge, each and every conversation should sound humble, as if you are begging the judge. A judge is not your classmate whom you can talk to on equal terms. The more you pester like this, the more will court delay the final orders.

If you are in urgency you should have filed for divorce based on desertion. These cases, ie custody case or visitation rights case or the divorce case will go on for years together. Even if you are successful in getting visitation rights, your wife need not listen to the court and may possibly not allow you to meet the child for which again you have to speak to the same judge. So be soft while you converse with the judge. There are lakhs of cases like yours, your are just one among many, and your case is not that old too... in the mean time what you can do is, try to meet the child on a personal level, talk to its mother, try build a rapport outside of court.

As the child is already 7 years old.. court will give a chance to the kid by asking whom it wants to stay with, the father or the mother, stress this point to your lawyer, and things may turn favorable to you.

And yes, judge has given correct advice, ie to file for divorce. As nobody can force your wife to come and stay with you or viceversa.

(Guest)

Hi Helping Hand,

Thanks for the information...I will start learning how to "beg" going forward in front of the judge...(which I have not done earlier so will have to try and learn)...

I had in no way been rude to the jude as I was very soft in my tone , if that sounds rude for the judges , I will keep my mouth shut for every hearing even when lawyers talk or not...

Final note , a Judge who had stated to my wife to bring my child to the court (production of child) and to cover all my child's face (when I do not bring the money for next hearing) I consider to be the height of cruelty in this country - What image my child would carry on my wife and also on this judicial system if such be the case...

After that incident my wife called me and told me that she will not bring the child to court since she is completely afraid to come to the court...

Thanks again for teaching me how to beg.

Thanks,