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Mani123456 (Engineer)     15 July 2013

What to do if judge is too biased?

Hi,

 I fought the divorce case for 3.5 year in trial court. Recently trial court judge dismissed my petition despite proving the true facts infront of him. He has ignored/supressed lot of facts while giving the order. I am stating them as follows.

 1. My wife deserted  me and my  2.5 year old son for 9 months and stayed outside. She immediately took job and did not come back during my sickness, my son's sickness and my parents medical surgeries in those 9 months. Later She came back and i took her back for saving my marraige and for sake of my child.Judge tells that  it is not mental cruelity.

   He accepted her oral version( statement without proof)  that she wentout as my parents were fighting with her.So cruelity is not intensional. She came back so judge tells that I condoned her.but he ignore that she files 498a against  me and my parents. She  had greater conspiracy against me and my parents

2. She filed 498a against me and my parents. She took the custody of child forcefully(whome she deserted earlier).My parents were removed by the police itself for facing the trial and I am only facing the 498a trial.

Judge surpress the fact that my parents were removed from the 498a, he doet not mention their aquittal at all. since she still wants to live with me if I throw my old age parents out of my house, He tells that she did not have any intension to put me behind the bar. So it is not mental cruelity. He does not consider my parents being dropped from the trial by the police. He does not consider that it harmed my old age parents reputation in the society.

3. After filing 498a against me and taking the custody of the child, my wife forcefully withdrawn him from his school filing a false affidavit in the school declaring that she is having custody of the child. I lost around 85000 Rs of anual school fees. She accepted this in her cross. 

   Judge igonre/supress this fact and does not mention it at all in the judgement.

4. I showed lot of instances where in order to harass me she defied interim order of the high court. She took the child forcefully for her own official  training program. there was no daycare facility and child missed one week of schooling. I also proved that she is not keeping him nicely as school sent complaing about child's cloth clealiness.

But judge ignored everything and have not  even mentioned about it.

5.Judge acknoledges that she used to abuse me and my parents but  he says it is all normal daily  wear and tear.

6. without any substantial evidences judge concludes that I have bad temperament so things happened.

7. She showed that she wants to live with me provided I live seperately with her leaving my old age parents. Judge tells I did not show any compelling reason not to leave my parents in their old age. I must have considered her demand. 

8. She made allegations in my cross that I have psychological disease. She did not submit any evidence, judge tells that I do not have any psycholgical disease. But at the same time he ignore this fact  of mental cruelity.

9. In the past he did not give back the custody of my son 2 time despite proving that she does nto care about him. Different judge in the same court  3 year back gave the custody of the child to me. But hight court gave me visitation rights and gave me liberty to get the modification of the custody order.

10. Judge accept that it irretrievable breakdown of marraige but he tells he can not give divorce under it citing some court  judgement.

  I have read about many similar cases and divorce have been granted. I find the order to be totally biased against me. I would like to know what best I can do apart from going to high court.  Is there provision in Indian Law for complaining about the judge? I fear judge will give same type of order for 125 crpc case and will give her big amount of my salary part.

Regards

Manish



Learning

 4 Replies

vivek malhotra (Advocate)     15 July 2013

You may file the application for transfer of case before the District Judge to another court if u feel unjustice was done towards you.

Adv k . mahesh (advocate)     15 July 2013

in your query itiss clear that the judge is more touch with women and he is not even considering your plea and evidences as lot of merits are there in your case but once disadvantage is taht she wants to stay with you and she is not asking for divorce and even if you transfer the case to another court the other judge will also give the same judgement because in divorce cases both the parties consent is required 

try to settle with her paying a alimoney /money to her and take divorce by transfer or in highcer court by appeal on merits 

 

shriks........... (healyhcare)     16 July 2013

1. do one thing..........take a rented accomodation in vicinity of your old age parents, go to court , submit a fresh petition and contest.....

2. she says willing to stay , let her  come and stay, you enjoy the way you want and let her stay in that rented house.......do come home to take rest late in night and go to sleep......

3. wake up early in morning get out of house early.............do it for few months........
4. if you can contest for 2.5yrs im sure you can stay for 2.5months...........let her think now........you make a move fair and square........
5. it is what i feel rather than paying maint for years, lawyer fees and courtroom drama..........2.5mths getting something better than 2.5yrs getting nothing.....

Shyam (Field Supervisor)     16 July 2013

Few points here that might be helpful:

1. K.Mahesh's replying saying divorce cant be granted unless both husband and wife agrees, is downright wrong. If you make your case properly, hire a good lawyer, and fight strongly, you can win. Statistics show that there are very few cases when divorce is denied even if one party does not want it. 

2. There is no law in India to grant divorce on the basis of 'irretrievable breakdown' of marriage. The bill is in final phase and is pending in Lok Sava. Nobody knows when it will be passed. But both the govt and Judiciary has taken a stand that divorce should be granted more easily than before to make life easier.

3. Most probabely your case was not framed properly, or you showed too much emotion in court. If you really want divorce, it will be foolish to live with your wife. Never do that. Higher a good lawyer, and challenge lower court verdict to High Court. There is a good chance there. 


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