Don’t drag lower court as party: HC If the plea is accepted, it would open the flood-gate for unnecessary proceedings, Justice S Vaidyanathan said. by Sekar Reporter · December 22, 2019 Home Cities ChennaiDon’t drag lower court as party: HCIf the plea is accepted, it would open the flood-gate for unnecessary proceedings, Justice S Vaidyanathan said.Published: 22nd December 2019 05:11 AM | Last Updated: 22nd December 2019 05:11 AM | A+A A-Madras High Court (File Photo | D Sampath Kumar/EPS)By Siva SekaranExpress News ServiceCHENNAI: The Madras High Court has refused to implead the I Additional District Judge in Tiruvallur as a party-respondent in a matrimonial case.If the plea of the petitioner is accepted then it would certainly affect the independence of the judiciary, as a judge should be free to make independent decisions and open the flood-gate for unnecessary proceedings, Justice S Vaidyanathan of the Madras High Court has said.The judge was dismissing a civil miscellaneous second appeal from Pu Venkatesan of Mogappair West on Friday (Dec. 20). According to the appellant, he was married to a woman in July 1991. But they got separated due to difference of opinion in 2002. While so, the husband moved the Subordinate Judge in Tiruvallur to restore his conjugal rights in 2014. The wife also filed a petition seeking divorce on the ground that the man was impotent. And the Subordinate judge on January 22, 2018 granted the decree of divorce. He preferred the first appeal before the I Additional District Judge in Tiruvallur, who confirmed the lower court order on June 27 this year.Aggrieved, he preferred the present second appeal, in which he wanted to include the District Judge also as a party-respondent in the case. He submitted that the District Judge had deliberately violated thenorms and provisions in the administration of justice and therefore, the judgment rendered by her did not fall under the category of ‘error in the judgment’. The judge, by way of her judgment, had closed all the doors of reunion with his wife, thereby spoiled his reputation and dignity in the society and he was also forced to face mental torture and agony by filing yet another appeal before this Court. He also submitted that he was entitled to get compensation from the judge.However, Justice Vaidyanathan rejected the contentions. Admittedly, the order passed by the District Judge, Tiruvallur, was not in favour of the petitioner and he cannot expect that findings should always berendered in his favour. If the request of the petitioner is acceded to, there will be a lacuna in the administration of justice and by taking this case as a precedent, other parties who did not succeed in the case would start knocking at the doors of this Court with a similar prayer.Further, a judge cannot be dictated to act in a particular manner other than those that had been enumerated in the jurisprudence and a judicial officer was entitled to get protection, the judge said and added that moreover, the Judicial Officers wer
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பாராட்டு விழாவில் பேசிய நீதிபதி விஸ்வநாதன், கொலீஜியம் தீர்மானத்தில் உள்ள ‘அருமையான வார்த்தைகள்’ தன் மீது சுமத்தப்பட்டுள்ள கடமையை ‘அவ்வளவு மென்மையான நினைவூட்டல்’ என்று கூறினார். உச்சநீதிமன்றத்தில் மூத்த வழக்கறிஞராகப் பணியாற்றிய நீதிபதி விஸ்வநாதன், “நான் வழக்கறிஞர் சங்கத்தின் ஒரு அங்கமாக இருந்தேன், நாளுக்கு நாள் நான் இங்கு நூலகம், கேன்டீன், நடைபாதை, உங்களுடன் கிசுகிசுப்பது, கேலி செய்வது” July 11, 2023 by Sekar Reporter · Published July 11, 2023