Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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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



Learning

 5 Replies

prabhakar advocate (advocate)     04 August 2015

If you want to change the court, you move transfer application before the Chief Judicial Magistrate (if DV is being adjudicated by MM) for the grounds you narrated in your query.  You did not say that whether residential orders had been complied with by the husband or not.  You should not rely much on Batra's case, because, even if the title is not in the name of husband or his parents, the wife is entitled shared household in matrimonial home.  If the husband has got his own property and that is his matrimonial home, then you can file review petition before the same MM (you have no more confidence in him) or in appeal before the ASJ or under Article 227 constitution of India read with S.482 cr.p.c. before the Supreme Court.  Now, maintenance part, the MM is abdicating his responsibility and is not exercising his powers.  So, the option is (1) to move an application in appeal pending before ASJ seeking the remittance of maintenance as the trial court is taking a position that as appeal is lying, the order is not being executed.  (2)  If that step is not your liking (I also do not  see its effectiveness), then file petition in HC under A.227 read with S. 482 cr.p.c. for directing the magistrate to execute the maintenance order by using coercive measures like attachment of property and / or arrest of the judgment debtor.

Prabhakar Advocate (M) 9958670740

Legal Aid panelist - Family Law - Central Delhi (Tis Hazari).

prabhakar advocate (advocate)     04 August 2015

Typing mistake - 11th line from bottom, it should be High Court and not Supreme Court.

SAINATH DEVALLA (LEGAL CONSULTANT)     04 August 2015

Rightly adviced by Mr.Prabhakar


(Guest)

To the querist as well as to the client on whose behalf query is asked.

 

HAQ - Pyaar se jatana padta he. Naaki dhamki se.

Court gayi ho, relationship ka baand toh pehle se hi baja hua he, it appears that jitna lapet sakti ho lapet lo.

Warna tum court hi kyon jaati ? Right ..?

Maintenance ?

Why dont you ask your client to go join back husband instead of filling your pocket of her money?

Donno who told you to approach court with DV case, shaadi ka toh baand khud hi bajadi, ab woh log tumko waapis lenge toh zarur aise din dikhaayenge ki sach much DV case banta he.  Even if you underwent DV by husband and parent-in-laws, there are many ways to handle such people than to approach police and court.

Well, Mr Prabhakar has advised you rightly and you may wait for some more replies, aakhir court ka seedhi chad li, toh utaar chadaav hota rahega.  Eitehr ways its best to take MCD and part ways than to simply go court halls where there are no proper toilets also. All the best.


(Guest)

Even for me it looked like this, that this judge not proper, that judge not proper. But dear, judge has got power. Discretionary power.  Uski marzi aakhir mein, issiliye toh usko wahan pe bithaaya government ne ! 

1. Vote wisely would be my suggestion.

Warna

dont go to court only, in other words why simply get into situations where you need to court asking some guy to decide on you? You eat your food, wear your cloth, and get into situation where you seek some person's decision which will decide your fate? should take control of your life, and never get into situation where you have to beg someone for justice.

or else simply this court to that court go, this not proper that not proper, keep roaming to no end.

Better ask go for compromise. Life itself is compromise.


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