the reason judge must have threatened to dismiss your case is because case must be ripe for evidence . issues must have been framed and on account of your failure to attend court case cannot proceed . . your apprehensions about judge is highly misplaced . he is only doing his duty . no application for change of court is necessary .
Affidavit for change of court in absence of petitioner
Hello, I have filed divorce from my wife who has abandoned me about 3 years ago since she is contesting the divorce the process is taking very long. I currently work in US and it is not at all economical to attend frequent dates in court. Current judge under whom my case is threatening to dismiss my case because I missed couple of dates now I want to file an affidavit for change of court (lawyer) because I fear I may not get justice under this judge. Can this be done in my absence if I send affidavit notarized by local notary in US? Please advise. Also I am looking for good lawyer who can represent me in Kalyan, MH court. Thanks
Asked 10 years ago in Family Law
Religion: Hindu
9 Answers
please note if you dont attend court your petition for divorce would be dismissed
Yes, you are right about evidence stage, case is at the stage when evidences are presented in court and the respondent lawyer wants to cross examine me. But problem is if I appear for next date respondent lawyer will further delay the case..in the past respondent lawyer missed few court dates and judge had nothing to say at that time but when I miss date judge has issues.
Asked 10 years ago
well your lawyer can draw attention of court to fact that you have specifically come for cross examination . not to grant further adjournments . . be ready for your cross examination .
The current date is in very short notice, can I request new date by not appearing in court. I also heard from lawyer that judge is getting transferred and that may happen before my court date, so trip may be useless. My apologies for multiple questions.
Asked 10 years ago
it is better you appear this time as it is possible that he may dismiss your case on default .kindly keep in mind that if have to be available as per availability of judge,better speak to your lawyer as he has better idea about the judge
if judge is transferred before next date and your lawyer informs you in advance that court is vacant you need not attend .
in the event judge is not transferred better attend as case has been placed on board for your cross examination
The judge will not be changed., A litigant cannot be allowed to select the judge as this will sound a death knell for the judicial system. You have to learn to take all this in your stride. There would be days when the judge would favour you, and some when he will not. He is acting strictly within the realm of law. You did not turn up on the date fixed for your cross examination by the opposing counsel, whereupon judge has the authority to dismiss your case. He could have dismissed your case the moment you did not turn up in the court, but he has been gracious enough to afford another opportunity to you.
You may file tonnes of affidavits for changing the bench, but all of them will be dismissed within flat 20 seconds.
You cannot refuse to appear on the basis of an apprehension that opposing lawyer will refuse to cross examine you on the next hearing. If he does not cross examine you then his right to cross examine may be barred by an order of court.
If the judge is transferred before next hearing then your case will be transferred to another judge in the same court.
you have to follow the procedure of law. you can always seek time in case you are facing any difficulty in appearing on a particular date. but it is not proper to seek change of judge or to expect the outcome of the case to be different just because the judge has changed.
