Hi All, I am from Chennai. I have been facing the divorce case since 2014. I need clarification/suggestion in my case. Quick background: Married on Feb 2012 and wife separated on July 2012. I had filed RCR on Oct 2012 and withdrawn on April 2013 as my wife went to Abroad on Mar 2013. She filed divorce on Mar 2014 once returned from onsite. I filed RCR again on June 2014. I moved to abroad for long term assignment on April 2016 and will be here for few more years. Hence I filed POA on Feb 2016 to my mother and wife side mentioned no objection and they did not filed the counter for that. She went to abroad on Jan 2017 and return back on June 2017. Current status: Counter has been filed for both the cases and she filed Proof of affidavit. Cross is yet to done. Clarifications/Suggestions required: 1) My case transferred to other additional court recently. This judge said he does not accept the Power and I have to physically present in court. else he would give exparte. So I came to India just to attend the case. During that time, he forced me to go for mutual consent. As I didn't accept for that he used filthy languages in front of my wife.Also even allowed my wife to talk filthy languages. Even in the last hearing he told to my council that i have to come to india to attend the case or I have to go for mutual. So we are planning to apply petition in high court for the change of court to other additional court in Chennai. Will this be accepted in high court? 2) After 3 and half years she has filed the petition for the new amendments 3 weeks back to this judge. Judge has not given time to file the counter and he accepted the petition within 3 weeks and going for the Marking tomorrow. We are planning to file the petition in high court to pass the order that after 3 and half years this new amendments filed. Hence this should not be considered. Will this be accepted in high court? 3) Since he does not accepted the power now and I cant come to India every week, we are planning to apply the petition for the video conference. But he wont accept or dismiss as I will go to high court. If he wont give the order for video conference, How will I proceed as I cant go to high court as it is pending in family court One last thing: My council told that my wife was speaking to this judge with her council in his chamber personally during last hearing. She would have told all lies and he agrees all and indirectly threaten me to give mutual divorce or he favors her. Also he told even if I go to high court, court will favor girl only. I am really worried, how come judge say this things. Then how do I get justice even if I prove. I have all the proof which I did good things to her when we lived and she submitted some proof which is not related to cruelty at all and I can prove that it is false with evidence. Please suggest me on this.
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Judge cannot force you to file petition for divorce by mutual consent
2) you can complain to Chief Justice of the HC against said judge
3) if any application for amendment is filed you must be given time to file reply then only order can be passed by court after hearing arguments of both parties
4) you can execute POA in favour of family member. Your presence is necessary only during trial
5) you can avail of video conferencing facilities
Hii sir :-1) if you want to transfer the case to another judge in the same district court , then you can apply an application to session judge of the perticular district court.. There is no need to approach high court .. If you want to transfer the case to a different city , then the jurisdiction of high court arises ..allowing of application depends upon the discretion of judge..2) Again, allowing of application and granting of relief depends upon the discretion of court..3) file a misc. application alongwith petition to exempt your personal appearance and to proceed with video conferencing to the high court.. It is not specifically required to get it dismissed from the lower court first ..4) the judge is definitely biased towards you , and is really annoying to hear this thing ,file a transfer application as soon as possible .. Kindly let me know where is your case going on at present
Hello,
Judge can not force you to do a thing which you do not want to do, you can make a complaint to the Chief Justice of the State against the judge for being biased.
Also the application for transfer will not be filed in the High Court, it will be filed before the District Judge only. Also you can avail the video conferencing facility and even if things are not going in your favor you can file a petition under article 227 in the High Court for general superintendence over the court below.
Regards
1.Petition for change of Court will be accepted by the High Court if proper ground is shown.
2. The Court can accept the amendment petition even after several years. It is up to the Court's discretion based on its understanding the situation.
3. Apply for video conferences., If he refuses to accept, challenge his such order before the High Court.
4. It is very unbecoming of a Judge to talk the way he has talked. File a petition for changing the Court before the High Court as suggested above.
1. If you feel hurt by the comments of the presiding judicial officer then you may file a transfer petition on the same grounds before high court.
2. You can file a revision against the order of the lower court decision in IA seeking releif against the grievance.
3. You can approach high court with a revision petition on the orders passed by the trial court in this regard seeking its intervention and setting aside the trial court order in it to allow your petition.
4. You have to take care of all these things during trial, and if yo get a decision against your interest you can go for appeal.
Hi All, Thanks for your answers. Still I have been harassed to give mutual divorce. I had gone to high court for POA, but in the family court, he did not either dismiss nor allow it. Keeping pending to avoid me to go high court. Hence, the order passed in HC to give the order (Either allow or dismiss) withing 4 weeks. But still the order copy is not ready since 1.5 month. So in family court we told the same. But he said he would dismiss all IA next hearing and give exparty divorce. Since my job is in abroad, I cant attend hearing every week. He purposefully posting every hearing in a weeks time by not allowing POA. Every hearing this harassment continues. Even my lawyer feels the same. He did not listen anything what we say. Always talks favor to her. Last month I attended the hearing, he told that "Go for mutual else I would give to her anyway. Indian law always favors to girls in family cases. So dont waste time and go for mutual or agree for divorce, I will give divorce without allegation on you" The thing is even the cross exam is not done still Other hand, He allowed amendment petition filled by my wife within 3 weeks by told I did not fill counter. Hence we go to high court. But it is still in CMP. We expect CRP next week. If the CRP filled against amendment in high court, Can he give exparty? or closing cross exam and favor order to her? He said he would do that. He also force us to do cross exam. But they filled amendment with 25 point more after 3.5 years with false allegations. How can we do that cross exam in this situation. But he allowed the petition and force to go for cross to give order favor to her soon. Finally, the transfer petition which I was filled in high court disposed by saying to approach PJ. So we filled to PJ. but still I am abroad, I cant attend hearing in family court. Hence we filled with my mother (POA filled before) But the petition they denied to accept since POA not granted still. So my hope for transfer always did not work. Please suggest how can I proceed in this situation. I am getting depressed every day. If I am in India, I can complaint to chief justice. Is there any way I can complaint to CJ from abroad?
you cannot be forced to agree for mutual divorce
2) let judge pass order divorce decree in wife favour
3)you can always file appeal against said order before HC
4)your personal presence is not necessary . you can be represented by your lawyer
5)wait for revision against order allowing amendments be decided by HC
Thanks for the response. My wife has changed her address and not mentioned the new address in court. Even I don't know her new address. The actual plan for my wife is to get the divorce in family court and do the another marriage immediately after 30 days. Even if I appeal in HC in less than 30 days, I can only mention her address given in the petition as I dont know her new address. she wont attend the case in HC or she may come back and say she did another marriage as per law after 30 days. What will happen in this case. Can HC cancel the second marriage or because of the second marriage they will close the case favor to her?
1) Wife cannot remarry in 30 days
2) time for filing appeal is 3 months
3) file appeal and seek stay of divorce decree passed by family court
4) you should mention the address mentioned in divorce petition filed by wife
5) send email to wife seeking her latest address
Not 30 days, time of appeal is 90 days and hence she can marry after 90 days.
As and when divorce is granted, file an appeal and get an interim stay to the extent that divorce is not granted to her.
Mention the same address as mentioned by her in the divorce petition and also ask he by means of e-mail about her latest email address ,
Regards
1. All the petitions can be filed by you by getting the same at your place abroad for signing and then getting it notarised before the appropriate officer of Indian consulate of your place and then sending it back to your lawyer in India for filing the same.
2. File a petition for change of bench pointing out all the irregularities committed by the said Judge.
3. Your remedy lies in sending petitions notarised by the appropriate officer of Indian consulate of your place and also by changing the bench.
1. You can enquire from her earlier post office about her new address since she might have informed them about her new address to get mails resent to her.
2. You can also engage a local detective agency to find out her recent address.
3. By filing the petition before the High Court for bench change, you can publish the notice in news papers since she is not available in her old address.
4. Even if she gets favourable order like ex-parte divorce, she shall have to wait for 90 days to complete the period for appeal which you are entitled to file with in that period challenging the said order. In the meantime, you shall be able to file the appeal before the appellate court challenging the order passed by the Court lower.
The court cannot compel you to agree for mutual consent divorce or submit to her prayer seeking divorce.
You have to file a transfer petition again before the high court because the transfer from family court, since family court judge is also in the cadre of district judge, will be made by the high court only.
Did you see the order copy dismissing yor transfer petition by the high court with the said reasons?
Whether have you filed a petition under order III Rule 2 before family court to represent you in the court through your POA and what was the disposal of the same?, Did the family court dismiss this petition and whether have you taken up revision for this before high court, if so what is the status of this revision?
Whether the family court judge was insisting on this proposed mutual consent divorce in the open court? especially even before you can complete the cross examination?
If that is the case you can make a complaint with the registrar of high court about this illegal activities of the concerned judge, you do not have to be in India for making this complaint, you can send it from your place of residence too but with proper proof.
Your guesses may not be true, even if that is a fact, why do you want to allow that situation?
As per law, she has to wait for 90 days to get remarried after getting either exparte or contested decree because the the time limit for appeal is 90 days, if she marries within 90 days, then it can be declared as null and void.
If she does all of this intentionally, she can land up in trouble,
Soon after you challenge the divorce in Court and your appeal in admitted, give a public notice of the same. Having done so, your wife will not be in a position to feign ignorance of the appeal and it's admission, on the ground no notice whatsoever, was ever served on her.
