Upgrad LLM

transfer crpc 125 mentinence case from magistrate to dj/ sea


 

Dear sir,
 I want to transfer crpc 125 mentinence case from magistrate to DJ/ seasson court, becouse he is not competitent he is new or just fresher appoinment judge .
 He has issue the warant to me without loking the back wrttinfn order sheet in wich i am attending continouse and also putting the signature in order sheet . One day i late for one hour and her council reach the at 10.45 Am and argument to the court for issung the warant .
How can judge issue the warant without any ground ? can I  compaint to Chief jutice and Season/DJ court.
 Can i transfer the application from magistrate to DJ /saeson court?
 
Reply   
 
lawyer

Dear Harish,In maintanance application u/s125 of cr.p.c.there is  no provision for issuing warrant.It is iilegal. Warrant can  issue in recovery of maintanance amount u/s 125(3). matter cannot be transfer on the ground that the Judge is newly appointed. There must be legal ground to file transfer application.

 
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 in petition u/s125crpc magistrate can not issue warrant on non appearance of respodant. u  can file revision aginst this order

 
Reply   
 
advocate

It can not be transfered to session judge, can be transfered to another magistrate, but ground can not be that magistrate is fresher. You should not only file revision but also complain against him for his irregular action. Judiciary also must be responsible. What would be if a person against whom such warrent is issued and he is not capable to file revision and sent to jail. Whether judiciary can compensate?. Where is  right to live and liberty guarnteed by constitution. It has been in our country that "Judge never do wrong" .Why such persons are selected in judicial service. Another measorable situation is that, when we request them in polite way that it is not legal, answer comes from them" AP HAMEIN SIKHAYENGE"

 
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