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Biased judge and unsupportive lawyer

(5 posts)
  1. sstggn
    Member

    Sir

    I'm Surjeet Taneja from Jaipur facing DV at Gurgaon and 125 at Rewari both at Haryana

    My Bitter-half deserted me on 26th Mar'2006 and refused to come back despite my all efforts. On 29th Feb 2008 she lodged a complaint at police station Gurgaon (New Delhi) falsely alleging about dowry, 2nd marriage of mine and violence. Police people started threatening all my family i.e. younger brother, sister their spouses and my old age parents without writing an FIR. We approached to court ad got stay order for 3 days, since no FIR was lodged since then. but thereafter on every friday they used to threat us in evening that FIR was being lodged and they were coming to us to serve the notice, (since it will be 3 days till monday and they be able to arrest my parents and female members of my family.

    Parents surrendered before their tricks and agreed to the demanded amount for divorce. (since she was not interested in coming back).
    Amount settled was initially 10 lacs which was raised to 13 lacs.

    Agreement and divorce papers for mutual consent were signed and an amount of 3 lacs was pair rest was to be given on 2nd motion. On the first hearing in Delhi court she again demanded more money in advance on the pretext that she was urgently needed some amount. an amount of 4.5 lacs was paid to her when she appeared in court premises on 1st date. but judge was on leave on that date and reader marked out attendance. thereafter she never appeared in court and case was withdrawn on 28th Jul 2008.

    We served a notice of recovery on 8th of Dec as all our efforts failed to recover the amount. In responce to our notice she slapped a DV case in Gurgaon court, in which it was mentioned that she has also filed 125 case in Rewari (no notice was served to us in 125 case). in apr'2009 I visited Rewari court and enquired about 125 case and applied for copy of application. to my surpise 3 notices were sent by post but none returned in the court. (No notice was served upon me as her lawyer managed to receive them back when they returned)

    However i filed reply of 125 and DV and filed a so=uite of Divorce and GWA at Rewari (her place) and one criminal complaint at Delhi. on 12-9-2009 it was noticed that judje (CJM) of 125 & GWA case was very much in favour of her. As I told him about video recording as proof of our conversation and her intentions, he took my pen camera and asked me with whose permission i took it to the court. (i was not recording any video in court-room. and he also took my mobile and searched for various phone numbers and messages. this act of his clearly show his favour to her (my wife). i was verbly threatened that he will restrain me to meeting my children by saying "bachchon ke school ya ghar ke 2 km ke andar aaye to jail bhej dunga. and kept my pen camera (which contained evidences of conversation between her alongwith her father and me) with him and refused to return by saying that if i ask it back he will sent me to the jail for 6 months by filing a case against me for bringing that device in court without permission. I was forced and adviced by my lawyer to withdraw GWA application to avoid 2 km restraining order.

    next date of hearing for 125 case was on 23-10-09 and on 12-12-09. then it was on 13-2-10 and now it is on 25-3-10. All adjourned for want of evidence from her side.

    Last week when I visited Rewari on Saturday 20-2-2010 and requested for certified copy of 125 & GWA case i was refused by the court-reader and judge saying that i seek same only on date. I met my lawyer and requested him same. on 27th i call my lawyer and asked about true certified copy of those cases. He asked me to visit his home. I visited him on 28th feb and i was told that in 125 case they have refused copy of file as there was no vakalatnama in the file. and on 12-12-09 they have made ex-party orders against me marking my abscent. (no evidence has been filed by her till date). I resisted and asked my lawyer what he had done of 4-5 vakalatnamas which he taken my signatures. and that how they judge was allowing him to appear in the court if there was no vakalatnama. and asked my lawyer to file either complaint against the judge, (which he refused) or file transfer application but same was also refused by him stating that he (judge) may spoil his carrier because of these.

    I am finding no way to get out of this mud which has been spread in temple of justice.

    Please guide.

    Regards

    SST

    One lawyer says that judge can not take camera in his possession as the court is open court but other says he can spoil my life by making false case of recording of court proceedings. I again state that no court room proceedings were ever recorded in that camera by me.

    I have also lost some of evidences which are video stored in pen camera.

    Posted 7 years ago #
  2. 498A_Crusader
    Administrator

    File a RTI to get certified copy of 125 & GWA case and also certified copy of Vakalathnama of lawyer on book.
    and do not forget to make a copy of video. and do not worry about false case of recording of court proceedings

    Posted 7 years ago #
  3. Adv.Kachave
    Blocked

    Dear friend you don't be emotional, be reasonable. If you are not satisfied with your lawyer , you change your lawyer & challange cases which are filed by your wife against you. If you are innocent you will winn the cases. You dont pay any amount to your wife without lawful consentum, if you want help i will co-op you, dont worry.

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  4. debasish1516
    Member

    Pls find attached a useful survey report that I came across while searching on internet. The survey as far as I understood was conducted by some Women biased NGO. But still the survey outcomes are interesting. Pls find below the summary -

    1. 1 out of 1000 DV cases get reported by the victims
    2. Only 2 out of 100 cases does the accused get convicted.
    3. Conviction chances are there only if accused are having 304B or 302 along with 498A.
    4. Till date none of the accused having only 498A is convicted.
    5. It is difficult for the prosecutor to provide evidentiary proof of cruelty and mental torture. Specially when the victim is still alive.
    6. In most cases where there is a acquittal at district court, the cases are not taken up at the higher courts.
    7. Most of the accused, police, judges and lawyers catagorically say that "educated and independent minded women misuse the law"

    Internet link to the survey report - http://www.csrindia .org/PDF/ Research% 20-%20498A. pdf

    Am sure the above points will definitely bring some peace of mind to all of you. Thank God internet was there

    Regards,
    Debasish

    Posted 7 years ago #
  5. ADMIN
    Key Master

    thats 5 year old report
    we have our own here http://mynation.net/study-report-498a.htm

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 7 years ago #

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