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(Guest)

Transfer of case on health grounds.

 

Dear All,
This is to inform you all that the Judge is not co-operating with me. She is continuously giving very close dates which are in weeks time.......i.e 5th, 10th, 15th, 31st Oct 2011 then 8th, 16th and now 21st Nov 2011. I tried sending Telegram applying for exemption from Personal Appearance in CrPC 125. Its not possible to attend each and every date as I m heart Patient and also the distance between Pune Akola is more than 500kms.
This shows the bias nature of the Family Court Judge.

I even appointed Lawyer in Akola to attain on my behalf but still Judge is not accepting my Say. its almost 3 dates Judge didnt accepted the SAY which was send through my Lawyer. Now in todays Date she ordered NO SAY. What does that mean.

Is is that I cant file my say?????
Will she deliver Ex-Partee now?????

Pls pls help me.
I wanna transfer this case base on my Health issues. I have suffered from "Vascopatic Angina". And have chest pain. Also since Dasera I m having problem of Pills...so travelling 500+ kms in short span is not possible.
or atleast not before the judge.

What is the procedure.



Learning

 23 Replies

Arvind Sehdev (Advocate)     17 November 2011

First of all on what stage is you case at ??

 

If the judge is denying you exemption then move your application petition to High Court and request for transfer of the case...

The wife lives in Pune or Akola ??

And if not transfer then atleast your permanent exemption from the case and only go when required by court for evidence or chief examination or cross examination.

Find a lawyer in High Court and put this application there.... dont worry you have a valid ground and High Court will listen to you....

2 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     17 November 2011

Ur personal attendance in ur matter can be dispenced with, once u apply u/s 205 Cr . P. C. 

At ur Stage of filling ur say, u need not be present, u shd have filed ur SAY long back. 

SAY  is the reply of the Application of ur wife for mtn u/s 125 and probably she also applied for interim main , pending hearing of 125 application, and it shd have been prepared and Say shd have beeb filed by u. 

If NO SAY order is passed, u must apply to "set aside this order", pay cost to opp side, and file ur say on the same day, once set sadie order is passed. Failinung to do so will result in Ex-Parte order against u and u loose  significantly.

Ur say can be filed , verify same c Notary Public  ,& senfd by Post also. 

Why shd u wait foe so many dates , just to file SAY, which is a work of an hour, and submit in court, to avoid further damage. 

DO IT IN NEXT DATE + APPLY FOR 205, EXEMPTION.

COURT CANNOT ISSUE SUMMON OR WARRANT AGAINST YOU,  IF U DON'T ATTEND, UR ADVOCATE PR IS ENOUGH, UNLESS FOR UR WITNESS STAGE i.e once on a year,  sec 205 allow all these...

2 Like

(Guest)

Dear Gladiator,The British have gone and replaced by Italian Red Brigade mafia with close connections with terrorist like LTTE and Maosists. Try the High court or the Supreme Court.. When these courts are hellbent on destroing families, I don't think you'll get any relief there. HCs ,SC aren't simply bothered about family breakups. Judges of these courts are former lawyers who stuck many compromises with your terrible governments and became judges. What would any citizen do?

2 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 November 2011

Mr. shroff is right

2 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2011

Agreed with the opinion of Mr. Shroff.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

(Guest)

Dear Mr. Shroff,

Thanks for your reply....

Sir, this is not that I purposely delayed the filing of SAY....on 10th Oct...I tried filling through one of my friend..which got rejected...then on 15th Oct my new laywer presented his Vakalatnama.

On 31st Oct...we were unable to file the same. Now on 8th Nov we tries again for filing our say through the same Lawyer which again got rejected....asking my personal presence. And the date fixed was 16th Nov. I send Telegram on 15th Nov stating my inability to attend the date. But still asked my lawyer to file the same. But again it got rejected and the next date was 21st Nov.

I cant understand that how can there could be 3-4 dates in a month.

Can I file 408 Crpc for transfer of Proceedings of case    

in front of Principal Judge, Family Court, but the Judge is the same who is harrasing me...

 


(Guest)

 

Thanks 

Arvind Sehdev

pls find my replies...below

Stage---my wife file petition on 18th Jun...i attainted the Court. We were send for Counselling...

Now the counselling is over and I need to file my SAY.

 

 

She stages in Akola....

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     18 November 2011

never so cheap! 25k-50k  ! in today's inflation ! wfe ask residence, reasonable food clothings, children edu.  cost  min 10kx12=1.2L @a

= 25L  app , and in increasing  cost app 50-75L for life 

who will settle for 5-50k?? its lawyers fee !!

1 Like

(Guest)

Dear Member,

i like to inform you that already I had filed RCR in Pune..and CrPC 125 is to harasse me.........

the opposite party has failed to attend 3 dates in RCR.

 

Its just harassment through Judiciary..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2011

It is immaterial.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

(Guest)

Dear All, 

this is to inform u all that I filed the application to Set Aside the NO-SAY order, which got accepted but Judge denied the SAY...stating that she has the Constreat signed by both the parties..first we need to dispose that.

 

I replied that Im eager to take her back its the opposite party who every time created the Problem. Last time when date was fixed to take her back, after coming out of Court the opposite party wanted me to signe the bond with POLICE as a complaint is pending in Women Cell.

I informed the same to the Judge. But same time the opposite party changed the stance that they are not interested in any kind of BOND. I informed the court that im ready to take her back. Also I informed the Court that I booked 2 tickets to Pune.

 

But after the Court Hours my wife went back to her home and didnt appear early..I asked the BUS driver to wait for some time but they denied as BUS was already 15mins late. But after some time when BUS started my wife arrived and started creating screens....also she was alone without her parents, without any baggage etc. Whereas she informed the COurt that she would go home after Court hours and come back to the BUS terminal by 8:30 to 9 pm.

 

How can I now go ahead?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 November 2011

It is all a matter wher e court can not interfere, concentrate on cases.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

(Guest)

Thnaks SHONEE Sir, Now on this date I informed the Court that my wife didnt came with me to Pune. but the story was well informed to the Court by the opposite site that I didnt took her. The Judge, on their story started scolding me...stating that I have been informed about what you did to not to take her back.

 

When I told the truth Judge said that today to again book the tickets I'll send courts person along with both of you, are you ready to take her back???? My reply was affirmative. Judge asked us to have Lucnh in Court permises and will show the bus tickets.

When we got down stairs of Court permises her Lawyer was poisioning my wife that file the POlice complaints even he say anything to you and all that bla bla bla...

I went back and informed the Judge about the same, again Judge was of the view that I'm playing all this tricks..then she asked me about the Lunch......and with that starte shouting that I didnt obey the Judge orders of getting Lunch...and the intentions of not taking my wife back.

Immediately Judge asked the opposite lawyer to file interim maintenance application, to which I was been asked to file reply immediately. Judge was forcing me to give in writing that I dont want to take her back and I'm withdrawing the constrait. I gave in wirting the same thing which took place and also stated that today i'm not in proper mindset to take her back.....to which Judge wroted her remarks of two pages. I dont know what she wrote.

I requested for next date which was given as 31st dec 2011. I'm being harrashed by the Judge....

 

What should I do now????

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 December 2011

There is a thing called Pursis.

 

Whenever next time the judge wants you to write something, just write all the facts of that day and put a court fee of Rs. 2/- and give it to judge,

 

Also in each pursis, mention that you request for a date of 15 days or so.

 

Then take all these (3-4) of them and take it to session court. HC for change of court.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

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