• Judge able to give judgement if they got transfer order

Dear sir , if judge can receive transfer order to another court then they have 1 month time to relieve , that time can write judgement . My lawyer not submit all the evidence but the judge give a judgement done in maintanance case . Can I go appele to high court for remit back the case for trail for District court . In which type I submit file in high court
Asked 8 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

4 Answers

Judges generally do not pass any judgment in pending cases if they have received transfer orders

If you are aggrieved by order of maintenance passed by trial court in maintenance case you are st liberty to challenge said order in appeal

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

1. Yes, before the judge relieves himself of the duty of the particular court he can always pass the judgment.

2.generally the court which hears the arguments is expected to pass the judgement.

3. If you are aggrieved by the order you can file revision either in the sessions court or in high court.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

If the case was decided by the court without hearing you, then you may prefer an appeal against the judgment.

You can prefer appeal before the immediate appellate court and seek to dismiss the case on merits.

You can mention that the trial court has not considered the facts before giving this verdict and also the court never gave a chance to you to file your side evidence nor it heard your side argument.

T Kalaiselvan
Advocate, Vellore
90191 Answers
2506 Consultations

Yes, you may file an appeal before the court or you may file an application before the trial court that this Court has got transfer order and can not passed any judgment.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer