THIS IS HOW FAMILY COURTS(OF CIVIL COURTS) IN THE STATE OF KARNATAKA FUNCTION

THIS IS HOW FAMILY COURTS ( OF CIVIL COURTS) IN THE STATE OF KARNATAKA FUNCTION:

Friends and all those who chance to read this blog of mine, Kindly note one point that I wish to stress. I am not here to accuse any one individual, or any group or for that matter any Institution. This is my personal experience which I am battling since the time I realized how honestly our law system works, in the most crooked manner.

I believe in what Sir Albert Einstein quotes," Every one should be respected as an individual, but no one ought to be idolized." I have been brought up to believe that litigation should always be discouraged. The primary duty of any good lawyer is to be an excellent peacemaker, being really good at arriving with the right decisions even if it hurts his business. I was given the impression that lawyers had a high sense of integrity, ethics, and their duty was to act in the best interests of the client. He has the duty to refrain from deriving any personal benefit.

It was in the year 1999 when I had appointed an advocate from Legal Services, the Civil Court at BANGALORE city (The name of the city had not changed then). The lady in question had two others to join her which was not revealed to me initially. She showed excellent response in taking up my case and said it was a sure winning case for me. In a span of a week's time a few thousands were taken as Court and Lawyer's fees. Statements were signed, oath was taken at the family Court and another round of fees of a few hundreds, was shelled out as 'Appearance Fees'. In the interim period what was conspired is beyond my imagination. The true colors of these advocates began surfacing. First it began as a disappearance act, asking me to attend the Court hearing on National holidays like the Republic Day, when no one was in sight at the Court. After waiting for ages at the Court premises, on returning home, I did call my lawyer, only to be told very rudely, "Dumb Fool, could you not remind me that it was a National holiday?" There were other instances when similar occasions were pointed out and their music was different. "So, you are going to teach me when to attend the Court and when not?" This went on and all along I was forcibly asked to keep my patience under check, to the point when after the filing of the case had crossed one year, I was asked to close the case, by these very same lawyers, as it was "An Indigent Case." She ordered me to come to her chambers for an explanation as to why it ought to be closed. The saddest part was she asked me to speak on a very low tone as her chamber was adjacent to the Hon'ble Judge's chambers. Was she guilty? What was she afraid of? Well, I was not given any refund of the fees that I had paid so far, instead I was humiliated in public by these very notorious women lawyers (Three musketeers, as I call them) from the LEGAL SERVICES OF THE CIVIL COURT AT BANGALORE. What was the reason for the change in their attitudes is left for you to decide. She had openly announced that whoever gives her the higher fees, she would take their side( meaning she is a party to both the Petitioner and to the Respondent). When I asked her if I could work outside the home to earn for a living, so that I could look after my two small children, all three chorused - "No, you cannot work. If you do you shall lose every small relief that is due to you from your husband." So I remained jobless till date and the chances were meek of me working in the later years as my health took a drastic turn for the worse as age was catching up on me. I had no experience other than bering a teacher for the smaller classes during my stay with my husband. Wishing to come out of the field of teaching, I joined several classes for computer programming but every interview, I was dropped because of the age barrier and no one wanted a fresher at that age, with no experience. So, are these people really credible? Can they be trusted? Do they have a conscience? Do they have any ethics? Are they really Humane? No, they cannot be!!!

I am sure that most of you might just scream, " You should have checked the background of the lawyer before hiring him." Sure, I did and also had more than a dozen opinions from several people, in the positive, who are all the elite clan of today's cream of the society, so to say. So how does one judge people at face value, or people with " Bahar Ek Chehera and Andar Ek Chehera?" To me everything is PARDA HAI PARDA !!!!! Like me, any common man has no knowledge about the Law, even though we are educated. Which woman coming from a respectable, orthodox Hindu family, will ever think of going to the Court and getting an insight about the Judicial procedure? Once they are married into traditional homes, there is a common understanding between all the family members and the new bride to adjust and co-operate and move with the tide in all family disputes with some understanding and compromise. But if relations are going to turn sour only because of selfish motives, atrocious behavior from the husband where his not in the least inclined to change his habits, and be headstrong in all respects, turning despicable to his wife and children, then the best option would be to get out of such a relationship. Am I right? Do you get my point?

In the book of the Indian Law, Chapter III, Rule 6, it states that, " On termination of the brief an advocate should, subject to any privilege and / or right of retention, deliver to the client all papers and property to which the client is entitled and account for all funds of the client then held by the advocate". I have the detailed copy of all my payments to my advocates with the time, date, venue and the cause of the payment done, for future references. Yes, my parents have brought me up in a very meticulous way with exemplary discipline. I am grateful for that. We have never been brought up to cower down on something that is not right. I do not want to turn into a great Whistle-blower, just to get a pat on my back.

In the Book of Indian Law, I came across Rule 1 of Chapter I, - Relationship with the Client stating thus: It is fundamental to the relationship which exists between advocate and client that an advocate should be able to give objective and frank advice to the client free from any external or adverse pressures or interests which would destroy or weaken the advocate's professional independence or the fiduciary relationship with the client." Why was I not told in the very beginning that this was an indigent case? Was it really necessary to drag the case for one year, knowing that the client was leading a life on acute stringency and then drop her high and dry like a hot potato?

Friends, Please be on your guard when you ever happen to come across these ladies from the Legal Services at the Civil Court in Bangalore. They are mind blowingly good at butchering innocent victims. Well, this is just the beginning of my story. "Aage Aage Dekhiye, hotha Hai Kya."

In the year 2001, I instituted a M.C. for Divorce and grant of Maintenance at Bangalore Family Court. Here, the proceedings culminated in the issue of a decree for Interim Maintenance per month. My second advocate, (whom I had put full faith in and little knowing about the consequences), under duress in bonafide faith, forced me to submit an application for transfer of my M.C. to the Family Court in the place where my marriage took place. Yes, I was later told that I could file a case from the place where I reside, being a woman. Why was this not enlightened to me by my lawyer? I again leave you Readers to make the final judgment. It is anybody's guess that someone exploited the situation to my disadvantage without loss of time to present the Application at the place of my marriage which is not Bangalore. The reason given to me was a plain "Lack of Territorial Jurisdiction", filed as an objection from my husband, without my knowledge. My guess is anybody's guess. Both the lawyers from both sides were hand in glove against me. The reason? My husband was there to quench their greed for more funds and they were willing for such an act where in they get their family fed on such lumpen's charity. Now friends, do you understand in plain terms, the meaning of 'CORRUPTION', legally? Since that period till date ( it is TWELVE YEARS precisely, since I filed my first case in 1999), I have not obtained the benefit of the Decree for Interim Maintenance, thanks to adjournments from the Hon'ble Civil Court at South Karnataka, on flimsy grounds by the sitting judges, and my husband's lawyer. On all the days of the Hearing, I was not given the chance to explain the facts to the Hon'ble Judge, but when it came to my husband's turn, the Hon'ble Judge was all ears like he was listening to Tansen's music where even the great King Akbar spent sleepless nights, just enjoying such music. Why this discrepancy? Aren't the sitting Judges supposed to be impartial? Every question aimed at me was done in the open court in Dakshina Karnataka, amidst jeers and humiliations by my husband's lawyer who is supposed to be very notorious for all these lumpen acts on public display, failing to maintain the Court decorum. He rules the Roost at present. Isn't it a shame that a simple Maintenance Case continues to get adjourned for twelve years to be delivered the Judgment Order? May be my husband's lawyer had done his homework very well after seeing the movie 'DAMINI'! Unfortunately, my present lawyer is no hero like Sunny Deol. He is a simpleton.

My point in question is this: When it has been proved that a person is guilty in all respects, why is the law turning a blind eye and not prosecuting him? The main reason why funds are being showered openly for an adjournment in every Hearing is mainly because the accused is not courageous enough to admit his mistakes and be responsible for the actions committed by him. He is afraid of the outcome of his actions and the final judgment given by the Jury to punish him. So, tell me readers, for how long can he go on shelling out o people? Somewhere in the long run, his funds will definitely get exhausted unless he has a minting machine at home. After that what will he do? On all occasions when he had to make an appearance at the Court, he has come well garbed, swathed in bandages to show the Court how ill he is. The moment the hearing is over, with lightning speed he has jacked himself on the bike, pillion riding and sped off to his home. Even then the Court at Dakshina Karnataka over looks this act.

I shall name the excuses (for adjourning the Cases) for you, please do not say I did not warn you of a heart attack.

The Hon'ble judge is giving tuitions for his son who is studying in the 10th standard, so there is no Court Hearing until his exams are over. - Case Adjourned. (Yipee, the Court is closed for 15 days!)

The Hon'ble judge has sprained his ankle and needs to go to Mysore for a conference, so there is no Court Hearing today. - Case Adjourned

The Hon'ble Judge has lost his brother (dead), so he has to attend the funeral rites. Case Adjourned

The Hon'ble Judge is getting his daughter married, so he will not be attending the Court today. - Case Adjourned. I wouldn't be surprised if the adjournment was also held for the daughter going on a Honey Moon.

THe Hon'ble judge is getting posted to a new place and will be giving the Judgment order definitely today. Till the last hour, The Hon'ble judge kept my lawyer waiting anxiously and very cooly just walked away without giving the Judgment Order, stating that the New Judge will be issuing it. So, where is the sense of dedication, or the sense of integrity in these people whom we look up to, for Justice? Every new Judge has to be read the Case History of each case from the beginning in a gist format. Is this not time consuming? See, how much precious time is wasted for the litigants!!!

One of the advocates from the Civil Court in Dakshina Karnataka has passed away, so all Hearings have been adjourned. It looks like they are all waiting for some occasion to fall into their laps to get a break. Why are these people given the license to practice law?

The latest one - the present Hon'ble judge's husband has some serious leg problem, so there will not be any hearing for some days ( period- not known), so keep waiting with your eyes towards the sky, expecting a Miracle to fall in front of you!

Friends, apart from all these excuses, I must state some valid reasons when the sitting judges literally wait for an occasion to have a holiday, no matter how long the litigants wait or die with a hope on their lips for the judgment Order to be passed: Winter holidays, summer holidays, Festivals, National holidays, all in order that come, throughout the year. Tell me friends and all those who read this blog, How do you accept this sort of a behavior from the very same people who are supposed to be Just and deliver Justice? Do you call this empowerment of Women in India? What are our Politicians doing for the Common man, other than begging for Votes during Electoral campaigns?

I have had the experience of my ex-lawyer who also happens to be in the politics as stated by him (he could be fibbing, just to gain importance), when I was asked to meet him in his office in Bangalore. It was a small shanty room with a few Chamchas as I call them. He would have already tutored all of them as to how they should behave in the presence of his clients. He would always be dressed up like a 'NETA', completely white clothes, which always brought to my mind how black it was inside of his clothes, with respect to his thinking and integrity. He would act very busy, always answering fictious phone calls, when in reality he would signal his chamchas in the other room to call him on the intercom, ( and all along he thought I was believing him, Hook, line and sinker) and in my presence he would act, "Yes Sir, I shall arrange for the CM's Dinner. Don't worry, everything will be taken care of!" Since when did the CM have such butler lawyers? And which CM is he talking of? He knows best. The whole drama was only to create an awareness about his contacts with the high and Almighty. Is this really necessary?

Well, coming to the Court Scene - I have found that lawyers in the High Court in Bangalore are far more decent, very modest, their personality is something that one could just stop and watch. You will not find anyone loitering the court halls begging for clients. They come dressed as professionals, top to bottom but in the Civil Courts of Dakshina Karnataka, you look at SOME lawyers, at the top they look a bit decent, lower your pair of eyes in slow motion and then you get a shock - "Chappals" instead of decent footwear!!! Even their collar is not fitted well, it will be hanging out of their necks. Voices are not raised whilst talking in the corridors of the High Court Chambers, no idle talks will be found amongst the lawyers in the High Court. I must say they have maintained their decorum to the tilt. When you look at them, they mean business in every sense of the word, professionalism is so very clear in their attitude. Very rarely have I heard of any one taking you for a ride here, in the High Courts of Bangalore. Even the sitting Judges are ever so patient in hearing the pleas at the witness box. Every one is respected here, irrespective of status, caste, creed or color. You are given the chance to prove your point and your innocence.

Even when it came to acquiring the Certified copies from the Civil Courts in Dakshjina Karnataka, I was harassed no end. In spite of being ready to pay the Court fees for the same, even then it was just delayed on some pretext or the other. Sheer Dadagiri rules here! What is stopping them from allowing us to have the Right To Information, within the law frame? I admit that there has been a grave failure of Justice to me. As Lord Halifax quotes, " If the laws could speak for themselves, they would complain of lawyers in the first place." All these years, I have begun to feel that Justice is sweet and musical; but injustice is harsh and discordant. In my case it is more apt to say, "Having my fate rest in the hands of a jury is the same as entrusting myself to surgery with a mentally retarded doctor." India is such a country where the more any state is corrupt, there we have definitely more laws, and the more laws we have, then one can expect to have the least amount of Justice. Don't you agree with me, friends?

I seriously want to know the facts from some learned sitting judges - When my case has been shifted from Bangalore Civil Court, to Dakshina Karnataka Court, under duress, and till date, in a span of nearly more than a decade, there has been no relief coming to me, Why should the case not be returned to my place of residence? The main idea of shifting the case only on grounds of Lack of Territorial Jurisdiction is NOT the only reason, by my husband. His sole motive is to pull my defences down, only because I am a woman, harass me by traveling for flimsy reasons by road all the way from Bangalore to Dakshina Karnataka, knowing very well that my health is very very delicate, spend an enormous amount on my travel, my food and stay for the period of my Court hearing and no reimbursement given to me for all these expenses in the last decade. Tell me readers do you still have the crazy notion that my husband is very much in love with me? What sort of love do you call this? Is he not a psycho? Yet, Our laws are fabulous, they raise such people on a lofty pedestal and worship him with an Aarthi. Why? Because he is financially sound as long as he shells out cash for them to win the next elections.

CAN I EXPECT SOME HELP ON HUMANITARIAN GROUNDS TO HAVE JUSTICE DELIVERED? I am not sure. But yes, I am sure the Jury is out for a PICNIC, at CUBBON PARK.