Legal Question in Family Law in India
i have filed DV in andheri court, mumbai...i had asked an question and in reply of that question ur attorneys only said that my case is quiet strong..
to my surprise the Judge didnt allow my lawyer to speak anything during the hearings .. (i had told my lawyer to submit certain crucial documents but she said at this stage that she will argue for interim maintenance and when the lawyers are arguing for interim maintenance these docs are not required...)
and judge gave his verdict against me saying i myself left my in laws house and since i m educated i m not eligible for maintenance..
(my in laws and my husband tortured me and didnt allow me to eat for 4 days.finally my mom came to see me. that time my father in law threatened my mom and told her to take me with her)
i have dont m.com, m.philand pursuing MBA and hence i dont deny that ground
i have read certain legal literature but in that too it is not written that if a girl is educated she doesnt deserve any maintenance..bcoz of my in laws i had to leave my job and now i m jobless. my husband is earning 150000per month. where as my salary was just 9000 pm.
i have four questions to ask u
1..how can judge be so partial that he didnt allow us to present our side and in order he discarded my application?
2 do i have right to ask for inquiry against him. bcoz it is clear cut case of bribery and corruption
3.can i take action against my lawyer for misleading me and causing my defeat.
4.my husband has affair with his colleague. it is now difficult for me to prove it..bcoz he says that it is just friendship..
and judge said my allegation is not true (he had not even read all documents which we had submitted)
it is like kangaroo court. then why anyone should come to court for justice?
i know it is quiet bizarre to answer my question as u all r part of this profession..
but plz on humanitarian ground reply my query
2 Answers from Attorneys
You may appeal against this order. You will have to file the appeal in the sessions court. The appeal may be filed before the Sessions court in Fort. However few new courts have been added lately in ANdheri and hence I'm not quite sure where the appeal for these courts can be filed.
if you feel that justice is not been done with you then appeal to sessions court. Without fully knowing the facts and details of your case advice cannot be given. Secondly Court requires proof for allegations and making allegations themselves are not sufficient.