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Babu Kumar (SE)     24 December 2017

What should we will do if judge behaving as a feminist?

Hi Experts,

I had a DVC Case on me and my family members in court filed by my wife. I asked her many times to come home. She asked me money 50Lacks in Notice and Outside mediation 20 Lacks. She dont want to come and join with me. I had a baby boy of below 2 years. I requested her all possible ways to come to home. I want file a mediation for coming her to home. If Judge is favour to her as feminist what steps i need to take againist to him/her. I dont want to pay single penny as maintanence ,Because i didnt harass her, i didnt do anything illegal. Just we had small argument over phone , But still i want her back. What should i do if judge gave maintanence as favour to her.

 

 

Thanks

Satish G



 16 Replies

Born Fighter (xxx)     24 December 2017

merits of the case will be looked at after maintenance orders. You have to give mainntenance for the Kid & that cant be avoided. If wife is earning sufficient to take care of her needs then you can expect her maintennace to be rejected by the court , with proper pleadings.

Babu Kumar (SE)     24 December 2017

Sir, I am ready to take care of them, But she is trying to extract money from me. She is asking 15K for her and 15K for her and 15K for her father. Is it possible. I want to take her back. How the court will decide sir. Is there any chance to escape from these false cases and looting money. Is there any law file againist to my wife by my parents. Because they suffered alot than me.

(Guest)
Originally posted by : Babu Kumar
Hi Experts,

I had a DVC Case on me and my family members in court filed by my wife. I asked her many times to come home. She asked me money 50Lacks in Notice and Outside mediation 20 Lacks. She dont want to come and join with me. I had a baby boy of below 2 years. I requested her all possible ways to come to home. I want file a mediation for coming her to home. If Judge is favour to her as feminist what steps i need to take againist to him/her. I dont want to pay single penny as maintanence ,Because i didnt harass her, i didnt do anything illegal. Just we had small argument over phone , But still i want her back. What should i do if judge gave maintanence as favour to her.

 

 

Thanks

Satish G

You are in deep trouble.

You have option of taking divorce.

You either pay her money and take divorce, forget the child.

Or pay money and take the divorce and also the child. Then remarry.

Or simply pay money and take divorce and remarry and forget child.

If you not pay money, you will run to court for next 30 years.  Custody case, alimony case, all that and few other cases will be order of the day.

If you want easy divorce without paying money to wife and also get kid free, contact mee.

Babu Kumar (SE)     24 December 2017

Raj Malhotra sir,
I am ready to go for jail, i dont want to pay single penny also. No property on my name. I am in trouble i know but how should i get divorce in which grounds it is possible.Is it possible to get divorce in India for male with these baised laws. Please share ur contact details we will discuss.

K Rajasekharan (Advocate)     24 December 2017

Nowadays the sharpness of the edges of the Domestic Violence cases and anti dowry harassment cases under IPC 498A have come down significantly. Many family court judges know that what are being fought between parties in their courts are nothing but untruthful things surpassing the imagination of the authors of fairy tales. Therefore if you can approach the court with truthfulness and civility, you will not be harassed much but you will have to undergo the debilitating experience of the procedural lapses of the judiciary and the policing system in the country.

It is true that once the subordinate court cases start it will put you to trouble. But if you face them boldly that would be the end of the story. You can stand bold in front of any such eventuality in future. But if you chose the escape routes you will be haunted by some other forces in future.

Most of our women laws are enacted with a great purpose. But they are drafted in haste and in a poor language so that anybody can interpret them as they need. That is why many of them are reduced to something of no much significance right now. 

2 Like

Babu Kumar (SE)     24 December 2017

No Ramesh singh sir, i didnt belive such type of people sir. Just want to know what he will say.

(Guest)
Originally posted by : Babu Kumar
Raj Malhotra sir, I am ready to go for jail, i dont want to pay single penny also. No property on my name. I am in trouble i know but how should i get divorce in which grounds it is possible.Is it possible to get divorce in India for male with these baised laws. Please share ur contact details we will discuss.

Your statements are contradictory.

You want to go to jail.  You can simply not do anything and court will somehow send you to jail, some day.  If you are in urgency to go to jail, then ask solution to above sing and rajsekarun, them might advice.  But I don’t want to suggest something which can make you go to jail now only.

As you are willing to go to jail, I see no reason why I should even suggest you any way out of your marriage which you did for reasons best known to you.

I sense you are over excited and only the liquor has done its job.  If you go through my advice, I have already given good advice.  Read it again.  I wont provide contact address of mine for people who are willing to go to jail.


(Guest)

In the meanwhile you can simply read the marvellous advices given by sing and rajsekarun ji and feel content and happy and more  marvelous.

La la la a.. sing sing...

Vijay Raj Mahajan (Advocate)     25 December 2017

First you don't land up in jail under the DV Act just like that unless you infringe the protection order made under the Act against you. The Protection order is made to prevent you to go near your wife or/and child due to your previous acts of domestic violence.

As far paying maintenance for child is concerned that you have to pay as you being natural parent is supposed to do so, maintenance of child is responsibility of both parents so best don't defend or resist maintenance of child even if the child remains in physical custody of mother, you should seek order for visitation of child under the Guardians And Wards Act simultaneously.

As far the maintenance for wife is concerned that she can claim and get if she has no means to maintain herself and is short of finances for reasonable lifestyle she enjoyed while living with you.

The right to residence for wife is another right you have to provide her, you are ready to keep her with you but for some reasons she refuse, the court will study those reason and if those reason are reasonable and acceptable you will be asked to provide independent place of residence at your cost for your wife otherwise her relief for separate residence will be dismissed.

You need to engage experienced and competent lawyer to handle your cases and guide you in proper manner, but some reason you have engaged very inexperienced lawyer/advocate not handling your case properly.

 

1 Like

K Rajasekharan (Advocate)     25 December 2017

Appreciate the proper, non-frightening and legally sound reply provided by Adv Vijay Raj Mahajan.

K Rajasekharan (Advocate)     25 December 2017

Vijay Raj Mahajan (Advocate)     25 December 2017

For action againt the trail court/judicial magistrate court in the district and session court there is scope of moving in the High Court under Article 227 of the Constitution or against the order of the judicial magistrate in revision/appeal in the session court.

You can't go and take any direct action against the judge as that will amount to contempt of court.

K Rajasekharan (Advocate)     25 December 2017

Neither any court nor any authority can take any action on the judge for his judicial functioning as a judge – his discretionary exercise of judicial functions is insulated from any penal action. In such judicial matters, if the order of the judge is unacceptable, filing appeal or revision is the only remedy available to the aggrieved party.

Criminal action against the judge is also possible, provided there is government sanction.

Similarly punishment is possible for his grave judicial misconduct or misbehaviour. What constitute judicial misbehaviour is not clearly defined but broadly they include the following items:

  • inappropriate court room behavior,
  • failure to maintain decorum,
  • rude or abusive behaviour,
  • failure to dispose of court business subjecting to improper or illegal influence  interfering with attorney–client relationship,
  • displaying obvious bias etc. Lack of punctuality in observing court hours,
  • keeping away from work without leave,
  • reserving judgments against established norms,
  • jumping cause list and manipulating it,
  • adjournment for no reasons,
  • seeking cheap popularity through media,
  • issuing absurd orders, etc.

 

Anyone can file a complaint for taking disciplinary action against a subordinate judge before the Registrar (Subordinate Judiciary), of the High Court. The complaint should accompany a sworn in affidavit and verifiable materials to substantiate the allegation as per the existing procedure.

Please see the guidelines on how to handle complaints against subordinate judges available at https://ecourts.gov.in/sites/default/files/upload0001.pdf

But kindly remember that it is not an easy task as it may appear.


(Guest)

Judge will favor women only as Law favours women as Women are seen as economically deprived citizens.  Law protects them.
Marriage is adjustment.  If she does not want to come back, you should go stay with her.
If she is not ready to come and stay with yourparents, you should take separate house.

All in all both have to adjust if marriage should not end.

She has already filed dv case.
Your marriage is over.  All the pravachan given by advocate colleagues are literally useless when you both don’t agree to live together.

You will have to pay alimony to kid till age of 21 years.  Wife till she remarries. Or till you die.

How mch you can pay entire life suppose court asks you to pay 15000 per month into 90 years.  Plus lawyer fees plus tension.

You have already filed your reply to her dv case, that I have not seen, so I cannot comment further.  If your advocate is good, he would have already planned to get you easy and free of cost divorce.

Divorce petition takes lot of planning, getting divorce in india without paying alimony is not a joke, it is very tough.  I have succeded many times for my clients.  I have not got any contact message so far where you have asked any help.  I was forced into replying this, hence this reply.  I have alredy provided advice.  Free advice has no value.


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