Complaint against Family Court Judge
1. HOW TO DISCUSS WITH JUDGE IN FAMILY COURT ON PASSED ORDER AND REQUESTING THEM TO DO CORRECTION IN PASSED ORDER? 2.WHAT IS THE PROCEDURE TO CHANGE THE JUDGE ? 3. HOW TO LOG A COMPLAINT AGAINST FAMILY JUDGE ? 4. HOW TO STOP CURRENT PETITION TO AVOID WRONG DECISION TAKEN BY JUDGE IN FUTURE? 5.IF JUDGE NOT FOLLOWING PROCEDURE , WHAT WILL BE THE NEXT STEPS ?
Answers to all your quesrries lodge a complaint with the Registrar of High Court concerned and a copy to the Chief Justice of that High Court, you get justice, definately.
Answer 1: You can only apply for correction of order before the same family court if there is some clerical or numerical error in the judgment, A Family Court cannot even review its judgment or order. It can only correct clerical or arithmetical errors. In Hakimi Jan Bibi v. Monze AH, a Division Bench of the Calcutta High Court had held that the law does not empower a Magistrate to rehear an application for maintenance under Section 488, Cr.P.C. dismissed for non-appearance.
Answer 2: Changing judges is a common request and has judges often recues themselves from a case. The Apex Court in PK Ghosh V. JG Rajput said that Justice should not only be done but it must also be seen to be done. If there be a basis which cannot be treated as unreasonable for a litigant to expect that his matter should not be heard by a particular judge and there is compelling necessity, such as the absence of an alternative, it is appropriate that the learned judge should recues himself from the bench hearing that matter. This is step is required to be taken by him not because he is likely to be he is likely to be influenced in any manner in doing justice in the cause but because his hearing the matter is likely to give rise to a reasonable apprehension in the mind of the litigant that his mind may be subconsciously has been influenced by some extraneous factors in making the decision, particularly if it happens to be in favour of the opposite party. Credibility in the functioning of justice delivery system and the reasonable perception of the affected parties are the relevant considerations to ensure the continuance of public confidence in the credibility and impartiality of judiciary.
However, Simply not agreeing with what the judge decides on an issue will almost never be a sufficient reason to change judges. Since every ruling will hurt one side or the other, things could never get accomplished if people continually asked for new judges every time a party didn’t like a decision. If you truly think the judge made a wrong decision you can appeal it, but it is very rare to change judges simply because you don’t like how they are handling your case.
Answer 3: You can lodge a complaint against a family court Judge by filing a sworn affidavit to the Registrar, Vigilance Department of Hon'ble High Court. A notice issued by Bombay High Court following directives of Supreme Court dated 7th April 2017 read "A complaint making allegation against members of District Judiciary in the state will not be entertained and no action will be taken thereon, unless it is accompanied by a duly sworn affidavit and verifiable material to substantiate the allegations made therein."
Answer 4: For stopping current petition you should ask your advocate. An advocate can withdraw the petition at any stage of the case.
Answer 5: If Judge is not following the procedures you can challenge the Judgment in the higher forum or you can give a petition for change of Judge or make a complaint in a sworn affidavit against the Learned Judge to Registrar, Vigilance Department of concerned High Court.
(1905 (2) Crl. LJ 213)
(1995) 6 SCC 744, AIR 1996 SC 513
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