you can only make an application in court
Hi In my last posting of question, I had asked about my case going on from last 4 years for divorce.Thanks for replying to all Lawyers. Actually, I am an Army officer. Coming June I will get transfer to J&K on border area. Once I get posted there, it will difficult for me to come for attending case and as I already explained my lawyer is not at all supporting. For asking anything he start blast or money for silly work. Recently, I got to know from one family friend who just joined as Judge. She is new to this profession. She advised me that I can submit an application to new assigned judge for preponed the date given of 26th May,2014. As she says, the day new judge will come, my file ll come to him on the date of case only. Before that he would not have gone through it. So on the date of case he will see it (i.e, 26 May,2014) and then give next date that if he want again argument or give decision. But it would be really hectic for me now to delay. As whenever I was not present for my case's date, my lawyer never proceeded case and that's why pulled to 4 years. Before going posting to J&K, I want to get clear with it as I will not able to present for my case. Second problem will come for me that I heard June month is vacation for court. Kindly suggest me what can I do for case not to delay and get resolve within month of May.
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you must believe your lawyer as you are paying him charges if not then you can change your lawyer any time
what is the stage of your case? has evidence being led ? have you been cross examined ? has your wife completed her evidence . if evidence has been completed and only arguments have to take place you would need to remain present only on date of arguments .
Ajay sir, Thanks for replying. My case is one sided because my wife never responded to the summons sent to her. That is why Ex party done in Oct 2013. After that Evidence took place in January 2014. As my judge was not present on Argument date which was on 4th March, 2014. So, my lawyer submitted written argument and Judge's reader gave date in the month of April for decision. I could not be present in April for decision date as I had been sent by Army for some operation in Rajasthan. But My mother and brother appeared to court for decision date. On the Date of decision, I got to know from my family that judge got transferred(bad luck). Now I have been given date of 26th May, 2014. And as I told am getting posted to J&K in June. Then it will be difficult for me to appear for case. So really want case to get over within month of May. So my question is that, 1. When new judge will come, he will have my case file on date of 26th May only and then he will give next date if he want argument again or give decision in next date? Same day on 26 May he is not going to make any action like decision to occur?(because I can arrange to be present on 26th May but not later) 2. What can I do that before 26 May, my new assigned judge will go through my case and decide that he will give decision on that date? or can he think of making Argument procedure again? All this because after Month of May, It will be almost impossible to present for my case as I would have got transfer to J&K and difficult to get leave. Also you told that I should be present for Argument date. Already argument done. But if new assigned judge think of argument again, then he might give after date of 26th May and it will become difficult for me to attend. Finally again case got pulled so long. This is reason I want case to get resolve within May month. What can I do for that? How to make possible that as soon judge comes on 26th May directly he give decision only.Kindly help me. I am really frustrated as this case going from last 4 years. Such case going on with my lawyer got resolved long back and started after my case. I could not be present in most of dates due to Army reasons so pulled my case to 4 years. But now i had full hope to be get rid of it finally but judge got transfer :( .
1) most probably he wont hear any arguments on 26th May 2014 . he will give another date . it is better you remain present on said date .
2) on 26th May 2014 , your lawyer should point out that written arguments have been tendered . further that you are an army officer posted in border .hence it would be difficult for you to remain present again . the sympathy of court will be with you since you are an army officer and posted on the border . he will try to accommodate you .
3) your lawyer can request for short date . let case be placed in 2 days time in case judge wants to hear arguments again . in the alternative your lawyer can state that he has already given written arguments . he does not want to orally argue again . case may be placed for judgement .
Ajay Sir, Thank you so much for replying and suggesting a good path to follow. Now I am planning to be present on 26th and already applied for leave to Army commander. I would try to be on leave till 31st May so that if we get date after few days, I would be able to attend it. I spoke to my lawyer today and he told me its possible that new judge would not be assigned or joined till your date of case i,e. 26th May, 2014. He always gives me news which demoralize me. I want to know sir if my judge got transfer on 25th April, Is it possible that till next month also another judge would not have joined? As I got to know from family friend that judge chair never remains empty. Some one will be there to run the case. My lawyer even gave me some news that last year for one and half years court was empty and no judges had joined. I don't know how much truth he is telling me. I would be able to present for case only month of MAY then June am moving to J&K. If judge only would not have joined, it will become more tough for me.
it is possible that new judge may not be appointed for that court till 26th May 2014 . have confidence in your lawyer .
thanks for your appreciation
Thanks a lot sir. One last question sir, as I told you my case date 26th May, 2014 now. If in case new judge does not join till that date or delays long time like may be whole June month as well. Then, what could be solution for this because my case just on the edge of finishing. When my judge got transfer, he was going to announce decision. Being on edge if it gets delay then can be difficult for me to attend Date for next few months as I ll have to report J&K station in month of June. What can be solution for this, if judge does not join till Date?
In that case give an appliaction in the court of District Judge ,mentioning all the current issues and the problem which you are facingand the status of your case and make a request to him to transfer your case to some other sitting judge .
1) before said date do make inquires as to whether new judge has been appointed or not
2) there must be hundreds of such cases pending in said court .the solution would be wait for appointment of new judge . your application of transfer to another court may not be considered as there is no urgency in your case . issues are framed , evidence taken on record . only decision has to be pronounced .
Thanks a lot sir. Your suggestions really helping me to take right path for the case. I think waiting for judge is only way now.