Legal Question in Family Law in India

I am defending false dowry harassment and related cases filed by my wife. Most cases are tried by family court. The family court (a biased court) trying the following cases:

1. Divorce (by wife)

2. Maintenance (by wife)

3. Child Custody (by me)

The court is in very hurry to decide all the cases in wife's favor. The current wife's counsel was present judge's senior (CJM) at sometime in the past. When there was no direction from high court, the family court was fixing dates weekly and never decided an application in my favor.

I moved a transfer in high court. High court dismissed my transfer petition and gave a direction to decide cases in 60 days. Now, the family court is fixing dates daily. There are other cases with such directions on which he is fixing monthly dates. My cases are of chief importance to the family court judge.

Because of court proceeding, I had no option left just to leave my job. Now, I am taking tutions of students and earning very little. I applied to modify the maintenance as my earnings are reduced to very little, that also was not considered by family court judge. Appeal to that is still pending in High court.

Fixing daily dates is very painful and that hearing starts at 11 am up-to 4 pm. I am not able to find out time for my students who are the only source of my little income. Their future depends on me.

High court is also not listening anything, not staying proceedings of wife's cases in any circumstances. I had not expected this. There should be a way to escape from this harassment. Few options which I can think, please suggest me:

1. Apply recall to high court to at-least reduce the hearings to weekly.

2. Let the family court judge dismiss few more my applications and then again apply transfer in high court.

3. Apply in supreme court against the high court order to reduce the daily harassment to weekly.

4. Apply in High Court on the basis of right to life and liberty.

My daughter who is about 7 years knows me as uncle and wife's father as her father. I did not get proper visitation by family court. I prayed to visit her weekly but court fixed only on dates and on that also, my wife sometimes brings her sometimes does not, family court judge never does anything on that.

In dowry harassment case, my discharge application is pending in other court. Apart from this an RCR case is also pending which is stayed by High Court.

Please suggest,

2 Answer from Attorneys

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