Jaya Pathak (Paralegal) 04 August 2015

Reason's to move case from one to judge to another?

Hi,

I filed a DV case for one client and the judge passed a very incorrect order related to right to residence. He gave some part of father-in-laws (FIL) self acquired house to the daughter-in-law (DIL). I had never prayed for FIL's house in our case at all. Also as per Batra vs Batra Supreme Court judgment FIL's house cannot be given to DIL.

Also after 4 months have gone since the interim order is passed by this judge he is not putting any pressure on the husband to pay maintenance even after his order says so. Every time we give a release maintenance application he just asks the other side to give say and doesnt take any action. Till date we have submitted 3 such applications and the judge just says things orally but doesnt pass any order to take action. No stay is granted to the husband by the Sessions Court till date and the appeal is for hearing in the Sessions Court.

I feel this judge seems to be managed by the husband, can I move the case from this judge to another. What reason do you think I should give in the application?

Any advice or suggestion will be highly appreciated.

Thanks

Jaya

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1 Replies

Adv. Sagar R. Jadhav (Proprietor) 04 August 2015

You must put this technical facts before Session Court also alongwith merits of the case. You must wait for order by session court and thereafter you can move application before Principal judge stating said reasons for transferring case from one judge to another judge