Legal Question in Family Law in India
as i told u about my DV case which i m fighting in Andheri court, mumbai.
in last hearing the Judge didnt listen to me or my lawyer. and he said he will give order for interim maintenance in 2nd nov.
in fact my husband's lawyer had horribly attacked on me and my lawyer and was not allowing to speak a single word. she was constantly laughing and mocking me and giving very bad gestures. it was really a pit class.instead of stopping her the judge was stopping my lawyer.
1.does it mean the judge is influenced by them and not performing his duties well
2. on 2nd nov i m not in India so can my lawyer do some arguments if the amt of maintenance is not enough .
3. i feel something fishy in my case as judge is totally in their favor and not listening our side
4. in fact in one of the hearings a person came to us and said he knows that judge's PA and do some setting but i m right and i have not done anything wrong so why should i go and meet him thinking that i ignored that person.
but now seeing the result in last hearing i "feel" some setting are really done there (as my husband ,and in laws and his lawyer were so happy in spite of their wrong doing they had no fear)
i should say this but that time i felt in stead of coming to court i should have gone to a Gunda who would officially take money and do my work
i really feel that justice is not done to me
plz reply my queries
2 Answers from Attorneys
Judges have their own limitations in deciding a list. Merely because you are not getting the desired relief, you should not develop an understanding that the judge is against you or that he is in favour of the opposite party. Stay cool and pursue your remedy with due diligence.
1) No otherwise he will not have said about interim order.
2) your lawyer can go for revision of the order after you come back.
3) judges behaviour also depends on facts of each case and limitations of deciding the case.
inspite of it you are sure of something fishy you can ask high court to transfer the case.
4) Remember this is just a trial court you have several remedies like appeal, revision in higher courts if not satisfied by decisions / orders of trial courts