Judge is forcing me to withdraw my bns 85 case against my husband

659 votes

You may challenge the adverse judgment by filing an appeal before the competent appellate court. The proper forum depends on the nature of the HMOP and applicable jurisdiction. Obtain certified copies and verify limitation.

Advocate Ravindra Anjaneyulu LawRato

961 votes

Namaste, Madam I understand your worry but please do not wait for the final judgment to act If you genuinely feel the court is not hearing you fairly the remedy is available right now First on the transfer You can file a Transfer Petition under Section 24 of the Code of Civil Procedure before the Principal District Judge at Nellore asking that your HMOP be moved from Atmakur to another competent court or to the Family Court at Nellore The District Judge has full power to transfer a case from one court to another within the district But remember a mere claim by your husband that he knows the judge is not enough by itself You must place specific facts such as dates on which your requests were refused or not recorded and the occasions when you were pressured to withdraw your criminal case Keep the petition respectful and factual and avoid personal allegations against the judge as that can go against you Second on the BNS 85 case The court hearing the HMOP has no power to compel you to withdraw your criminal case under Section 85 of the Bharatiya Nyaya Sanhita That case is pending before the Magistrate and is a separate proceeding Any settlement or withdrawal must be purely your free choice If such pressure is being put in open court ask your advocate to file a written memo stating that you are not willing to withdraw so that it becomes part of the record Third on the appeal Your case is before a civil court and not a Family Court so the appeal lies under Section 28 of the Hindu Marriage Act to the court which normally hears appeals from that Senior Civil Judge For matrimonial petitions from the Senior Civil Judge courts in Andhra Pradesh this is ordinarily the District Court at Nellore and not the High Court directly The appeal must be filed within 90 days from the date of the decree A further appeal to the High Court of Andhra Pradesh would lie only thereafter on a substantial question of law Your advocate should verify the forum from the certified copy and the local practice before filing To guide you precisely please let me know Whether the HMOP filed by your husband is for divorce or restitution of conjugal rights The present stage of the case Whether you have engaged your own advocate there And where the BNS 85 case is pending Act early through a transfer petition as that is far more effective than challenging an unfair judgment later

Advocate Naresh Gaddapati LawRato

556 votes

If you are dissatisfied with the judgment of the Senior Civil Judge, the appellate forum depends on the nature of the HMOP order. Generally, an appeal may lie before the competent District Court or the High Court as prescribed by the applicable law. If you genuinely apprehend bias or improper conduct, the issue should be addressed separately through appropriate judicial remedies. Please share the final order for checking the correct appellate forum and limitation.

Advocate Mrudhula Jahnavi LawRato

974 votes

if you're not satisfied with the judgement of the senior Civil Judge Court in Atmakur, your appeal must be filled in the Nellore District Court, not in the High court. Second appeal you can file in the High court. you can file a Transfer Petition before principal District Court in Nellore to request moving your HMOP case to another independent Court within the District. And do not withdraw the BNS 85 case.

Advocate Yerrolla Aruna LawRato

767 votes

A Transfer Application may be filed before the competent District Court seeking transfer of the case to another Court. The application should set out the circumstances giving rise to a reasonable apprehension of bias and explain how continuing the proceedings before the same Court may cause prejudice or adversely affect the interests of justice. Where connected or related cases involving the same parties or issues are pending before another Court, a request may also be made to transfer the present case to that Court, wherever legally permissible, so that the connected matters may be heard and adjudicated together or in a coordinated manner.

Advocate Tejaswi Punnamaraju LawRato