LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amolc   11 June 2015

Summary proceedings / summary trial

Dear Sir,
 
 I am fighting cases from last 2 years. 498A, DV, 125 crpc , Divorce case and HMA 24. 
 
This is regarding the " Summary Proceedings / Summary Trial " 
 
Background: 
 
Out of all these cases I have won DV case based on Jurisdiction (U/s 27) wherein court dismissed wife's application of DV saying she has no jurisdiction to file the case in Aurangabad as its proved by Husband that wife is staying in Pune. I have successfully got the order for Witness summons to wife's employer and got all the job related documents on board. I have used Witness Summons and Production of documents u/s 10 rules 11, 12 and 14 to win this case.
 
However, in 125 crpc case with same averments and same steps crpc 91 and production of documents and attaching DV order Family court ordered that this is "Summary Proceedings / Summary trial " case and hence Jurisdiction can be decided at final stages of the case. I have challenged this order in High court and the petition is delivered to wife's office address and she has accepted in person and also wrote a Jabab that she is staying in Pune. The baillif report is submitted in high court.  
 
Giving all this background, my question is how to handle Summary proceedings point in court. What should be the argument for the same. 
 
Thanking you in anticipation. 
 
Regards,
Amol Chaudhary 


Learning

 1 Replies

Biswanath Roy (Advocate)     18 June 2015

Queries in your post is a technical task which cannot be transmitted.  You shall have to create logical propositions on the basis of relevant facts on records referring respective evidences and to place the same before the court as your averments. Whereas, legal argument is an art which follows logical propositions to arrive at a desired conclusion as inference. There are two kinds of arguments namely, (a) Deductive way of argument; and, (b) Inductive argument : 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register