Legal Question in Family Law in India
Transfer of Petition from One Judge to Another
My wife has made contempt of court against family court orders by not allowing me to take my daughter home on her Bday. I again filed app for giving me access at this time before passing order judge asked her to present child before counselor,during counselor session my dig camera was stolen and i found driving license of my wife on same place from where my camera was stolen, counselor asked my wife to show her purse however she declined to show and run away to another floor and returned after 5 min, at that time nothing was in purse, not only me but Counselor and Staff of court are pretty sure that my wife has stolen my digital camera.
Nxt day my wife has given one application to hon judge that they don�t want to continue with him (Judge) as they don�t have faith on him and court staff is harassing her and case should be transferred to another judge and judge should not make any order for next month(!),As Judge was very good person he told us he will refer chief judge of family court. As per my knowledge only HC and SC has powers to transfer petition form one judge to another.....she is trying to blackmail judge emotionally as case seems to be going against her due to her behavior.....what is remedy for me to avoid this transfer
3 Answers from Attorneys
Re: Transfer of Petition from One Judge to Another
Gentleman, in a pending court case, the lawyer representing you is the best guide; let your counsel develop his own strategy to handle the matter; you need to stay cool and keep faith in your counsel.
In case you have not engaged a counsel, you should better find out a local lawyer to represent you.
The best situation could possibly be : an amicable settlement on what ever terms; the litigation will be costly and tiring; it is better pay her something extra, even if it sounds unreasonable in the beginning, and buy peace.
Re: Transfer of Petition from One Judge to Another
I would advice you to go for amicable settlement. It would be fine if you pay he something extra as to get a peace of mind as of technically the expenses will be high and stressful.
Re: Transfer of Petition from One Judge to Another
NO. within district, DJ has power to transfer the case from one court to another court within his district as provided u/s.24 C.P.C. and SC has ample power to transfer the case from state to state as provided u/s.25 C.P.C.
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