Reply To: False 498A complaints in Women Cell

Dear Dr. dsouza,

actually I was going through the Lawyers Club Forum where one of the member suggested this remedy to change the Judge…..

pls find the link- http://www.lawyersclubindia.com/forum/Re-How-to-change-the-judge-35753.asp?1=1&offset=1

thats the reason I wanted your suggestion on the same. But i think that wont be applicable as the Section 10 FCA itself clears the following-

“10. (1) Subject to the other provisions of this Act and the rules, the

provisions of the Code of Civil Procedure, 1908 and of any other law for

the time being n force shall apply to the suits and proceedings (other than the proceedings under Chapter IX of the Code of Criminal Procedure. 1973) before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a civil court and shall have all the powers of such court.

(2) Subject to the other provisions of this Act and the rules, the

provisions of the Code of Criminal Procedure, 1973 or the rules made

thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court.

(3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one Party and denied by the other.