Can we change the judge if we are not satisfied?

836 votes

It appears that the opposite party is unnecessarily delaying proceedings. Regarding your concern about the judge, you cannot directly request a change merely on grounds of dissatisfaction. However, if you have valid and specific reasons showing bias or unfair conduct, you can move an application for transfer of your case before the District & Sessions Judge (if your case is in a Magistrate court) or before the High Court under Section 407 of the Code of Criminal Procedure (CrPC). You should also request your government lawyer in writing to obtain the case files or apply directly for certified copies from the court record room. If your government lawyer is not assisting, you may request the court to allow you to engage a private counsel or to appoint another legal aid counsel.

Advocate Kavya Singh LawRato

535 votes

From the facts you have shared, it is clear that the opposite party is deliberately delaying the DV proceedings by repeatedly changing lawyers and asking for documents that you have already submitted years ago. If their right to file reply was already closed by the court, they cannot keep reopening the issue unless the judge specifically allows it for valid reasons. You should request the court to record in the order sheet that all documents have already been filed by you and that the opposite side is misusing the process to delay the case. Your lawyer can file a short written submission or oral statement to that effect on the next date. Regarding your government lawyer failing to get the case file for the last eight months, you are not bound to continue with him. You have full right to engage a private lawyer of your choice at any stage. A good and proactive lawyer will make a significant difference in moving the matter forward, especially in DV and criminal-related cases. As far as changing the judge is concerned, please understand a party cannot directly ask for a different judge because the judge is “not supporting.” Judges are changed only through an administrative order of the District Judge, and only in very exceptional circumstances—such as proven bias, personal conflict, or violation of judicial conduct. Dissatisfaction with the speed of case handling is not sufficient legal ground for transfer. However, if you genuinely feel the judge is biased and not hearing your submissions fairly, you may file a Transfer Application before the District & Sessions Judge explaining the reasons. The District Judge will decide whether the case should be transferred to another court. Before taking that step, it is usually better to: 1. Engage a more capable lawyer who regularly appears in that court. 2. Request the judge politely on the record to proceed expeditiously since the case is old. 3. Have your lawyer file a written application seeking early hearing or closure of the respondent’s opportunity to delay further. A transfer application is serious and should only be filed when absolutely necessary, because it may slow down the case further. Your immediate priority should be to hire a strong lawyer and ask the court to continue the matter based on existing records since you have already filed all documents.

Advocate Yuganshu Sharma LawRato