Appeal in divorce
Niny
(Querist) 14 January 2012
This query is : Resolved
Sirs, Kindly Reply my two problem
Husband Filed Divorce. Wife VP filed, but not appeared, nor Adv. So court rejected Div Petition of Husband, saying, wife not ready to live with MIL,, is no cruelty
Witnesses Chief examined by Husband, but not crossed, as no one to cross. SD fvr wife.
H moved appeal to get Divorce. Wife is ready to live with H, but not with MIL. Now H do not want to live, and want Divorce only. My client is Wife, in Appeal.
1] Can a Chief, of Witnesses can be relied upon in Appeal, read in evidence, thought it was not gone thru Cross Examination?? Deposition was false.
Can Witness deposition , proved without cross exam???
2] H was calling wife in diff hotel, after Div Petition, and Filed his WS in 125 3] Can Wife File WS in Appeal to throw light of Facts?? Is there provision to file WS, or in Appeal, only Lower Court Evidence can be reviewed?? How Wife can defend now??
ajay sethi
(Expert) 14 January 2012
untested evidence is no evidence . however in your case wife has deliberately not appeared in court . vakaltnama is filed but she refused to appear in person or through her counsel . if wife does not want to cross examine courts cannot force her to cross
Niny
(Querist) 14 January 2012
QUESTION IS, WHETHER A EVIDENCE IS "PROVED WITHOUT CROSS"" OR BE REJECTED, OR PETITIONER SHOULD HAVE TAKEN STEP TO SUMMON RESPONDENT AND THEREAFTER "NO CROSS" ORDER PASSED? CAN APPELLANT RELY ON EVIDENCE OF WITNESSES IN LOWER COURT, WHERE NO CROSS EXAM, TO PROVE CRUELTY OF WIFE WITHOUT THE CROSS
Please Sir, clarify, this
+ Clarify, Written Statement can be submitted in Appeal to support "No Cruelty"
I heard, WS cannot be read in Civil Appeal, on behalf of Respondent Wife.
Wife do not want Divorce, having 5 year old son, with hope to save marriage, did not contest Divorce Petition, did not file DV, or 498a, and visited her husband , had cohabited as and when called, now maintain herself with child with great difficulty, , and Husband do not want to pay maintenance alimony, or not ready to return jewellery also.
Sir, I want to help a Poor, Honest, Faithful Wife, who lost her job also to serve her handicapped MIL, and today, all including her Husband changed, Husband is CA CS earns 3L pm, but do not pat a pai, for last 3 years, heard bribed Judge for 3L & hs Adv by 2L.
Sirs, I need your help.
Niny
(Querist) 14 January 2012
Sir JSDN- advocate DEFENSE;
Sir I am trying to defend, and civil appeal need more experience, that wife cannot afford. Please help me, giving few points for Argument , and citation to prove there was no cruelty, and that lower court judgment in favour of wife is true and correct.
Please Experts help me.
Deepak Nair
(Expert) 14 January 2012
Dear Niny,
It is difficult to provide the point of defence unless the papers are seen.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 January 2012
yes papers are needed as Mr Nair says.
1) not much to worry for appeal, the case will at the most remanded.
2) You are interested but your hubby is not what is the problem.
Niny
(Querist) 14 January 2012
Ajay Sir,
Wife was misguided by her Husband, and she did not go to court in lower court on Divorce on assurance of Husband , that problem between MIL and Wife, not Between Husband & Wife, and even after Divorce Petition, both continue meeting together with their child.
Her Advocate was also Managed by Husband and his smart unmarried Advocate, who cannot leave such rich CA, having car, bunglow in her city, and chating love story-on facebook.
She managed all Advocate,Court Staff, managed to record her presence as Absent etc,
So recently Husband changed, and Wife is in real trouble.
Sir, Please let me know, in Civil Appeal, have I to file Written Statement, and if files, on Affidavit, will it be considered in Judgement of Appeal. Husband refused for Mediation also, want quick Divorce on attraction of his Advocate Girl
Niny
(Querist) 14 January 2012
Sir JSDN- advocate DEFENSE;
in Appeal, I fear, if Judge is managed, may pass order of Divorce,
otherwise as you say, Judge may ask Lower Court [ Senior Division Civil Court] to re heard , re trial of Divorce Case?? is it remanded? Pl help me.
Sir, My client Wife is also interested to save marriage, Her Husband is flicker minded. and now want divorce only.
As no maintenance, no alimony. free divorce save husband app 20L for settlement, All want to share it, at the cost of this innocent Wife.
niranjan
(Expert) 14 January 2012
You have to support the judgment that court has rightly rejected the evidence.
Niny
(Querist) 14 January 2012
Respected Niranjan ,
Please help me get it, or
Makkad Sir, or Prabhakar Sir may kindly help me.
Deepak Nair
(Expert) 14 January 2012
Dear Niny,
I would suggest you to search in www.indiankanoon.com on the basis of facts of the case.
Time does not permit me for detailed search.
I will revert as soon as i get a judgment.
Devajyoti Barman
(Expert) 14 January 2012
Without seeing the evidences and the judgement impugned it is difficult to advise.
ajay sethi
(Expert) 14 January 2012
dont make allegations against judge and advocate . you say judge was paid rs 3 lakhs and advocate rs 2 lakhs .
in appeal what are the grounds made in appeal ? has the wife taken plea that her husband assured her that it is not necessary to appear as he wants to continue staying with her and that for sake of saving her marriage she did not proceed further .
please do not make allegations aginst judges without any evidence . if you feel judge has been managed lodge complain with the high court against said judge .
without seeing the detailed order passed by trial court , memo of appeal we cannot advice you further
Niny
(Querist) 14 January 2012
Respected Ajay Sir,
I attached Memo of Appeal, Original Order, Reply by Respondent herself, and internet to you. Please do needful.
As far as Judge etc, the Husband told one of advocate friend , who inf us, he said why pay her, I am paying J & adv . [I am sorry, to allegation] say that. ]
Raj Kumar Makkad
(Expert) 14 January 2012
Niny! It seems that you have recently entered in this noble profession which has its own respectable way of working. Though every one in this profession is a learner and thus a student but definitely young lawyer need to learn from elders especially from experienced lawyers otherwise their actions may result miscarriage of justice and irreparable loss to the parties which can never be compensated in any terms as is seen in the present matter.
It is not good to spoil the life of anyone because of lack of experience to deal with a case.
Truly speaking, this site is not meant for guiding the lawyers dealing with the cases rather experts here provide rough line of action if they ask but almost all experts suggest such layman to take guidelines from his lawyer or follow his lawyer and so on.
If you do not mind, I suggest you to take help of senior experienced local lawyer, discuss entire case with him and follow his direction otherwise your client shall have to suffer a lot.
In this site, we experts many time provide different opinions so it can be difficult to chose and apply either of them.
Even then if you still stick to have guidelines from me then make a PM to me with entire relevant information.
M/s. Y-not legal services
(Expert) 14 January 2012
dear author., rather than blaming others you just concentrate your case..
-tom-
Niny
(Querist) 15 January 2012
Dear Sirs, I agree what you say, and is true.
Al least let me know, Written Statement submitted by Wife, in APPEAL, Judge reject to see also, saying No Provision in Appeal matter to file WS. is it true??
OPP Adv Relied on V Bhagat Vs D Bhagat [SC] & Rajan Revankar Vs Shobha [SC+ BOM]
prabhakar singh
(Expert) 15 January 2012
1]If the opportunity to cross examination was given by the court and the party having right to cross examine did not cross examine as a result where of the right to cross was closed by the order of the court,then,in my opinion the evidence in chief has to be read by court as there is no alternate.
2]It appears that divorce petition proceeded exparte but was yet dismissed as the ground taken by husband was found not proved even exparte.
It also appears that wife has not put appearance in the divorce petition has filed no W.S.
Then wife might have not filed any cross appeal against exparte order because verdict, though exparte,suited her because relief claimed was denied.
If wife has put appearance in appeal without filing any cross appeal to set aside the exparte order then wife has exposed her to very great risk or mercy of the courts in appeal that they all confirm the finding of the trial court and wife gets saved otherwise BIG QQQQQQQQs??????
Shonee Kapoor
(Expert) 15 January 2012
The ground though accepted by the court was found not the cruelty enough to warrant divorce.
I don't think divorce can be granted on these flimsy grounds alone.
However, nothing can be said w.o going through the judgement.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Niny
(Querist) 15 January 2012
Thanks you very much Shonee Sir, and Prabhakar Sir
Tomorrow to argue
OPP Adv Relied on V Bhagat Vs D Bhagat [SC] & Rajan Revankar Vs Shobha [SC+ BOM]
Wife could not pay fees, all her previous Adv betray in SD Lower Court, and Husband mis-represented, moved around, till Appealed, c Appli withdrawing Div Petition, which Husband never submitted.
I sent Copy of Judgement, of SD Court favour Wife, against all ODD.
To Help, I am trying. No 125 order for last 3 years, Interim 24, applied at Appeal, rejected by Judge,for lethargy, DV Cannot be done as 4 years passed. 498 not done to save marriage.
Opp Party can spend Lakhs, hired Top Advocate, she cannot.
Tomorrow is final Argue from Wife Side, H finished it.
No further time, I M HELPLESS. WIFE ALSO HELPLESS, A FATHERLESS HOUSEWIFE WITH A SON OF 5 YEAR. " She says BHAGVAN KE HATH ME"
Thanks you Very much, Sirs. Thanks to Tolerate me.
Niny
(Querist) 15 January 2012
Memo of Appeal
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 January 2012
the appeal memo is defective, your apponent is not properly guided.
There is nothing against you, you should win the case hands down.
At the most the revision court send it back for remand.
prabhakar singh
(Expert) 15 January 2012
V Bhagat Vs D Bhagat is at least of no help to appellant.
The appeal being in Marathi,it was not ineligible to me as i understand only HINDI URDU AND ENGLISH.
But if JSDN has opined so one should bank upon him.
Deepak Nair
(Expert) 16 January 2012
Dear Niny,
The findings of the lower court in its judgment itself is a strong defence for the wife in this case.
Hope the advises from the experts help you in this case.
Any ways best wishes for success.
Niny
(Querist) 20 January 2012
All Respected Experts,
Thank you all very much for advise
All of you encouraged me.
The Judge considered it, and with remark to wife not to be adamant, ordered "
"Appeal Dismissed"
I surprised, how i won against a top advocate. !!
Judge also told me, do not make allegations, She must take care. & behave obediently.
I WON
Thank you all Sirs,
Niny,
:judgment itself is a strong defence: is true .
Niny
(Querist) 27 January 2012
Sirs. "APPEAL DISMISSED"
Thanks to all of you sir,
What next??
Husband will go to High Court??
Can I apply interim Mtn u/s 24 ?
My 125 pending for last 4 years, Interim 125 a also rejected,a s delayed.
I have no proof of his income though he earns 2L pm as CA.
Shall I file RCR
shall I file under 18 for mtn of wife & child or continue under sec 125.
Please guide_
