• Assignment of new judge

Hi

In my last posting of question, I had asked about my case going on from last 4 years for divorce.Thanks for replying to all Lawyers. Actually, I am an Army officer. Coming June I will get transfer to J&K on border area. Once I get posted there, it will difficult for me to come for attending case and as I already explained my lawyer is not at all supporting. For asking anything he start blast or money for silly work. Recently, I got to know from one family friend who just joined as Judge. She is new to this profession. She advised me that I can submit an application to new assigned judge for preponed  the date given of 26th May,2014. As she says, the day new judge will come, my file ll come to him on the date of case only. Before that he would not have gone through it. So on the date of case he will see it (i.e, 26 May,2014) and then give next date that if he want again argument or give decision. But it would be really hectic for me now to delay. As whenever I was not present for my case's date, my lawyer never proceeded case and that's why pulled to 4 years. Before going posting to J&K, I want to get clear with it as I will not able to present for my case. Second problem will come for me that I heard June month is vacation for court. 

Kindly suggest me what can I do for case not to delay and get resolve within month of May.
Asked 2 years ago in Family Law from Kanpur, Uttar Pradesh
Religion: Hindu
you can only make an application in court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you must believe your lawyer as you are paying him charges if not then you can change your lawyer any time
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
what is the stage of your case? has evidence being led ? have you been cross examined ? has your wife completed her evidence . if evidence has been completed and only arguments have to take place you would need to remain present only on date of arguments .
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
1) most probably he wont hear any arguments on 26th May 2014 . he will give another date . it is better you remain present on said date . 

2) on 26th May 2014 , your lawyer should point out that written arguments have been tendered . further that you are an army officer posted in border .hence it would be difficult for you to remain present again . the sympathy of court will be with you since you are an army officer and posted on the border . he will try to accommodate you . 

3) your lawyer can request for short date . let case be placed in 2 days time in case judge wants to hear arguments again . in the alternative your lawyer can state that he has already  given written arguments . he does not want to orally argue again . case may be placed for judgement .
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
yes it is possible
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
it is possible that new judge may not be appointed for that court till 26th May 2014 . have confidence in your lawyer . 

thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
In that case give an appliaction in the court of District Judge ,mentioning all the current issues and the problem which you are facingand the status of your case and make a request to him to transfer your case to some other sitting judge .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) before said date do make inquires as to whether new judge has been appointed or not 

2) there must be hundreds of such cases pending in said court .the solution would be wait for appointment of new judge . your application of transfer  to another court may not be considered as there is no urgency in your case . issues  are  framed , evidence taken on record . only decision has to be pronounced .
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

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