file complaint against the judge before adminstrative judge HC
that arguments completed one year back but judge is not passing orders
Hearing listed as arguments
Final arguments were submitted by both parties over a year back - but judgement is not being given for some reason. there is clear criminality in the matter by respondents family and someone influential who threatened me prior to marriage has involved or been involved in the matter - respondents complaint has been proven false and still she is demanding crores to settle. i dont have that kind of money .. the present judge for 4 hearings refused to give judgement stating she doesnt have time and i pleaded with on two occasions that its over 7 year old matter and please give judgement with folded hands... still no luck. what can i do without angering the judge ?
Asked 3 years ago in Family Law
Religion: Hindu
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8 Answers
You can approach high court seeking direction to the concerned trial court for an expeditious disposal of the case
i have to travel on the next hearing, can i persoanlly file a purshis before the current family court judge himself on a day before my hearing date to condone my absence and please give judgement ? my lawyer refuses to file any such thing and advised that judge will ruin my case if i bring it on record that judgement isnt being given.
Asked 3 years ago
No need to file purshis
your presence is required if case is on board for judgment
A judgment is based on pleadings, evidence and arguments. It does not depend on the mood of judge, though judges have discretion, it can be used only in difficult cases that is scale of merit is evenly balanced in 49/51 type of cases judgment goes to 51. You can very much represent judge to pronounce a judgment. This is civil case, presence of parties in such cases is not insisted by Court unless necessary.
- You can move an application for early disposal of the case before the same family court on the ground of urgency of going abroad.
- If the Court rejected the application then you can approach the High Court for the same.
- However, as the matter is for passing judgement , then your presence on the date is not mandatory , and your lawyer can move an Exemption application on the date of hearing on your behalf.
If you are not able to appear before court on the next date, you can remain absent. If necessary your advocate will represent you during your absence.
Generally when the matter in a civil court is posted for judgment, the presence of party is not mandatory.
You may be in touch with your advocate and follow his advise properly.
You need to wait for judgement or file revision before appellate court for seeking directions to trial court for judgement
Dear client,
Firstly, it is important to understand that judges have a great deal of discretion in deciding when and how to issue judgments. In some cases, delays can be caused by a backlog of cases, a judge's schedule, or other factors outside of your control.
If you are unable to attend a hearing due to travel or other reasons, you may be able to file a request for an adjournment or a written submission with the court to explain your position. However, this should be done in consultation with your lawyer, who can advise you on the best course of action based on the specific circumstances of your case.
It is also important to maintain a respectful and professional demeanor when dealing with the court and the judge. While it can be frustrating to wait for a judgment, it is generally not advisable to take actions that may be seen as confrontational or disrespectful.
In terms of your concern about filing a purshis, it may be helpful to discuss this with your lawyer to understand their reasoning for not wanting to file such a request. They may have concerns about the potential impact on your case, and can provide you with guidance on the best way to proceed.
Overall, it is important to remain patient and persistent in seeking a resolution to your case, while also respecting the legal process and the authority of the court.
