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drknshah18 (retired )     25 January 2016

Guide me what to do first

hello friends,

i need your suggesions and guidenance :

my daughter is suffering from matrimonial problems..

the lawyer has not submitted the all the proofs in time in the court so court has rejected my daughter's intrim maintainance and hence we have to approched high court at gujarat.and 

now in  trial court my daughter's cross verification was started and7 day the opponent lawyer taken her cross verification and the 8th day the opponent lawyer suggested court that he wanted to put cross verification aside and he requested to the court he want to do video conferance first and then he want to take cross verification..

so, i suggest the court as opponent is not ready  for reconcilation and just wanted to harrese us so please give me intrim maintainance so court told me that put intrime maintainance application..

but my lawyer told me that first we complete the video conferance..

but my daughter wants to complete first cross verification..

what is preferable?please guide me soon..

 



Learning

 10 Replies

Sidharth   25 January 2016

Dear quriest,

Is video conferencing is for mutual settlement. 

If yes, then it is your choice whether to go for it or not. 

I'll advice to go for it, because at this point, mens are generally worried that how much amount court will order, so go for it and talk reasonable.

Don't worry!!  

It will not affect the merit of your case

drknshah18 (retired )     26 January 2016

they put 3 condition in the court:

1)you have to declare the list of ornaments which you have?

but we had no ornaments..

2) submit the medical certificate that your  daughter is mentally sound..

but really my daughter is mentally and physically sound..so, why we submit such a certificate?

3)you have to stay in joint family with his brother and bhabhi..

inthat my daughter is willing to live with his FIL and MIL and husband ..

but she is not at all ready to live  with his brother and bhabhi because they spoil her life..

my cross verification is not completed yet in between the video conferance suggested ..

so we want your suggesion..

drknshah18 (retired )     26 January 2016

they put 3 condition in the court:

1)you have to declare the list of ornaments which you have?

but we had no ornaments..

2) submit the medical certificate that your  daughter is mentally sound..

but really my daughter is mentally and physically sound..so, why we submit such a certificate?

3)you have to stay in joint family with his brother and bhabhi..

inthat my daughter is willing to live with his FIL and MIL and husband ..

but she is not at all ready to live  with his brother and bhabhi because they spoil her life..

my cross verification is not completed yet in between the video conferance suggested ..

so we want your suggesion..

Sidharth   26 January 2016

Mutual talk itself means that couple themselves decide what to do in future. Imposing any condition before mediation means he is showing that he will not go below this.  

Technically, it is not mediation it is dictating his conditions. I don't think you agree that. 

prabhakar advocate (advocate)     26 January 2016

Sir, for giving proper legal advice, your information is not sufficient.  First, interim maintenance in which case, you have not told.  Next, video conference for what purpose, you have not told.  Thirdly, when you approached the HC, what did it say in its order, you did not tell us.  The purpose of interim maintenance is to meet the immediate needs of the wife and coming out of the indigent conditions, which a wife faces after throwing out of the matrimonial home.  As such, what ornaments she had  taken away, while leaving matrimonial home or whether she is medically fit or not or asking her to stay along with husband's brother and his wife all are most unreasonable demands.  But, if you must have come to know about your son-in-law by now and you also can understand his villified and malafide demand of medical fitness certficate about mental health, sit with your daughter and take a deep thought whether there is any purpose to live with such husband.  If divorce is the thought that looms large in the background, then do not hesitate to go for video conference.  But their purpose of video conference is to procrastinate the case and plunge your daughter in deep sorrow, then reject the video conference and ask the court to direct the other counsel to get over with cross examination.

SuperHero (Manager)     27 January 2016

Originally posted by : drknshah18
they put 3 condition in the court:

1)you have to declare the list of ornaments which you have?

but we had no ornaments..

2) submit the medical certificate that your  daughter is mentally sound..

but really my daughter is mentally and physically sound..so, why we submit such a certificate?

3)you have to stay in joint family with his brother and bhabhi..

inthat my daughter is willing to live with his FIL and MIL and husband ..

but she is not at all ready to live  with his brother and bhabhi because they spoil her life..

my cross verification is not completed yet in between the video conferance suggested ..

so we want your suggesion..

With Conditions it will not work.. Because the EGO says no conditions why should I adjust??

Vicky (Engg)     27 January 2016

why your counsel have not submitted all the proofs to court at initial stage?

why your counsel is pushing you for video conference?

why your counsel have not filed interim maintenance till now in the court?

what makes your daughter finish cross verification first?

 

Just asking questions without clarity will only raise few more queries!

drknshah18 (retired )     28 January 2016

discussion may be on three conditions .

high court order is as below:(in short i written)

It is as expediously as possible  subject  , however ,to the  of  the old matters.

If the trial court  noticed  non-cooperation  from any side ,it will be open for  it to pass appropriate orders and proceed   with the  matter .

If  the court finds paucity of time in deciding   main matter ,it will be open for interim maintenance which will be obviously decided after giving an opportunity to both the sides.

If  above  view  of  matter , it is  clarified that  the merits are not decided and the parties will be at liberty to address the lower court on merits and court will decide the metter on merits .accordingly petition is disposed of.

Direct service is permitted.

You are here by informed that free legal services from the state level services .if you desire to negotiate your case for compromise  you may request to refer the case to the Gujarat high  court mediation center.

drknshah18 (retired )     28 January 2016

high court order it on 26 oct 2015.and then in trial court my daughter's cross verification was started now in between video conferance so we need your guidanance.

drknshah18 (retired )     28 January 2016

the high court final writ was on 26 oct 2015.

now  from that day to till her cross verification is going and in between they suggest video conferance and the judge ask my daughter that r u ready for video conferance?

so i need your guidnance..

the opponent lawyer told that put a ceetificate that my daughter is mentally fit..but our lawyer told us that no need to put such a certificate let him prove....

they just not want to continue the metrimonial relation ship so put wronge allegations on your daughter..


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