My case going on in Family court for divorce. Ex party was done in Oct 2013. In January, evidence date got over. In March, argument was done. And finally my judge gave Date of decision in April. But came shocking to me now that same day of decision judge got transfer. Already my lawyer dont support properly. Every date he took money from me equal to his fees for case. Each date I kept giving money for his reasons that some xerox has to b taken bla bla.Though I knew a xerox don't cost so much. Now he tells me that after a month new judge will come and might restart all procedure again. I have already gone through very bad times during case running from last 4 years. Now finally Date of decision came and judge got transfer.
I want to know like what all chances now for my case to happen when new judge comes?Will he give decision as per rule like after ex party all evidences and argument over? Or will he start again?If yes then from which stage he can start procedure?
Asked 3 years ago in Family Law from Kanpur, Uttar Pradesh
you do not have to worry,trasnfer of judges is a normal practice and the new judge coming will prounce the judgement ,he will not restart the evidnce
Advocate, New Delhi
donot worry new judge will pronounce judgement will not restart the case
Advocate, Greater Noida
Hi, only argument will be hear by new judge and other things will remain same and ask your advocate argue the matter afresh.
Transfer, punitive or routine, of a judicial officer is a procedural requirement which seeks to achieve and preserve judicial fairness, integrity and justice in its true sense. You should not be perturbed by it as it does not have any adverse impact on your case. Remember that you are not the only litigant whose case has been delayed due to the transfer of this judge. There must be thousands of cases pending in this court. Every litigant has to wait for further progress of his case till the time the cases are assigned to a new judge.
As and when the successor comes he shall not start from scratch. He will pronounce the judgment.
as advised by my learned colleagues case will not start from scratch . since evidence has already been recorded and cross examination done new judge may hear arguments and pronounce judgement