maintenance case- cross of pw1 kept on adjounred??/
RAMJI
(Querist) 21 September 2013
This query is : Resolved
Dear experts
Wife filed MC in sept2011 after divoce , husband filed counter in July2012. Again wife filed Proof affdt in jan 2013, court fixed date for Cross of Pw1 on 22 March 2013. Since then, 6 hearings have passed, wife side advocate has been kept on asking /begging the judge for DATE INSPITE THAT HUSBAND APPEARING IN PERSON KEPT ON TELLING THAT HE IS READY TO CROSS EXAMINE PW1... every time they come with different reasons telling viz., not well, dad not well, grand ma expired, advocate on leave, ...... judge also was so pitty and kept on extended, husband used to point out delays in every hearing and issued copule of memo also.. but no reply to memo.. again the repeat the same.... 3 time NFE was fixed and same was broken by judge....as it is family matter, husband was also patiently believed their absence on sympathy...later came to know that somehow , they are habituated to ask for extensions in all possible ways....my questions are
1. Is there any legal way/instrument to stop this habitual extensions .. if so pls tell
2. Can husband file another memo and request the judge to RECORD REASONS FOR EXTENSION IN DOCKET ITSELF..
3. Kindly clarify, is there any relevant section to quote in CPC/FC act etc reg no. of adjournments?
4. Can husband ask for compensation towards his cost & expenses for his travel in attending & preparing for cross..so that atleast this tool will make them to realise not to ask undue extensions...
5. any other ideas/ways pls suggest to bring the number of extension for conducting cross exam under control by law/procedure
regards
ramji
ajay sethi
(Expert) 21 September 2013
on next date of hearing draw attention of the court to 6 adjurnments have been taken for corss . ask for payment of costs . object to further adjournments been granted
Rajendra K Goyal
(Expert) 21 September 2013
Agree with the expert, nothing more to add.
C.V.Kansara
(Expert) 21 September 2013
Agreewith expert. Court ought to order opposite party to pay cost to you.
Advocate Ravinder
(Expert) 17 February 2015
Instest of drawing attention to the court and filing Memo, this time file a Petition (crl.MP), where you have to pray the court to post the stage of Cross of your wife finally (Failing which the Cross may be fortified and and the case will me posted for your evidence) along with you can ask for expenses/damages for your visits to the court and non appearance of the petitioner for 6 hearings.
If the petition is allowed it is ok. If it is not allowed and it is dismissed, you have to file appeal against the order before the High Court. Most probably the High Court order will be in your favour.
RAMJI
(Querist) 25 February 2015
Dear Mr Ravinder sir
Thanks for your response...the matter is closed already .. however your advise is highly appreciated and will use it in future if the situation arises so...thanks again sir to you and this forum of experts..
