In India, judges play a vital role in handling cases of matrimonial disputes. They are responsible for ensuring that the legal process is followed, that the rights of all parties are protected, and that fair and just decisions are made.
When a case of matrimonial dispute is brought before a judge, the judge will first determine whether the case has jurisdiction in the court. Once jurisdiction is established, the judge will then proceed to hear the case. This typically involves listening to the evidence and arguments presented by parties, as well as any witnesses or experts that may be called to testify. Advocate Neha Batra has presented many cases before the court of law and has represented many clients in different matrimonial, civil, and criminal proceedings.
The judge will then make a decision based on the evidence and arguments presented. In cases of divorce, for example, the judge may grant a divorce, deny the divorce, or dismiss the case if the grounds for divorce are not met. In cases of child custody, the judge will consider the best interests of the child and make a decision accordingly.
In addition to making decisions, judges also have the power to issue various orders in matrimonial disputes, such as temporary orders for child custody or alimony, or protective orders for domestic violence cases. They also have the power to enforce these orders if they are not followed.
Judges in India also have the power to refer the parties for counseling and mediation, if it is deemed appropriate, before proceeding with the case. This helps in resolving disputes amicably and saves time, money, and energy for the parties.
It’s important to note that the Indian legal system is based on the principle of “due process” and the judge must ensure that both parties have been given an opportunity to present their case and that the decision is based on evidence and legal principles and not bias or prejudice.