petitioner not appearing for cross in mc case- can it be dismissed for default
RAMJI
(Querist) 01 November 2013
This query is : Resolved
Dear experts
This is related to a MC case in which wife after divorce filed for maintenance, husband filed counter, wife filed Proof affidavit in jan 2013 and date for cross of wife by husband was fixed in March2013. And from that day onwards, nearly about 5 hearnings WIFE KEPT ON ASKING DATES BY SOME REASONS /absent OR OTHER THOUGH HUSBAND WAS PREPARED FOR CROSS EVERY TIME... THE COURT WAS ALSO GRANTING SO EVEN AFTER FIXING "NO FURTHER EXTNS - 3 times.....once again last chance given for 11.11.13... this keeps on continuing without cross.... my questions are
1. How many times judge can give such adjournments? is there any limit?
2. Can husband file a MEMO THIS TIME ASKING FOR DISMISSAL OF HER CASE BY DEFAULT IF SHE DOES NOT TURN UP ON 11.11.13? as she is not prepared to adduce evidence thro cross and its affects husband rights to cross.
3.Suppose if wife appears and again on 11.11.13 asking for date, can husband file memo ASKING FOR COMPENSATION /EXPENSES for postponement?
4. Any other way so that pressure created to start cross or dismiss the petition or ask her to pay compensation to husband...
Regards
Ramji
manoj joshi
(Expert) 01 November 2013
RAMJI
IF WIFE IS NOT COMING FOR EVIDENCE U CAN PRAY FOR EX PARTY ORDER OR CLOSE THE EVIDENCE OF WIFE
3 DATES ARE SUFFICIENT TO CLOSE HER EVIDENCE
FOR YOUR KIND INFIRMATION I WANT TO TELL U THAT DIVROCED IF DONE BY MUTUAL CONSENT NOT ENTITLED FOR MAINTENANCE
BOM HIGH COURT HOLD IT ON OCT 2013 CR.L.J
Devajyoti Barman
(Expert) 01 November 2013
1. 5 times is too much, may be 3-4 is enough.
2. Case can not be dismissed but her evidence may be expunged.
3. Pray for expunging her evidence.
4.Do as stated above.
R.K Nanda
(Expert) 01 November 2013
nothing to add more.
prabhakar singh
(Expert) 01 November 2013
Dear AUTHOR!
I sum as follows:
1.Very very discretionary matter.
2.Husband can ask for close of wife's evidence!
3.cost is the right of opponent against the party seeking adjournment but unfortunately
in husband wife dispute all cost of proceedings are to be born by husband only is the ridiculous law.
4.RAISE the CONSCIENCE OF COURT BY APPEALING SUBMISSIONS.
Dr J C Vashista
(Expert) 02 November 2013
I agree with Parbhakar Singh ji. However, generally cost of proceeding are born by husband which can be imposed on wife as well. Better to request the court to close evidence of wife and proceed further.
RAMJI
(Querist) 03 November 2013
Dear Experts (mr manoj, mr barman, mr rajendra, mr rk nanda, mr singh & dr vasista)
Thanks to all for your quick replies in all possible angles. my further clarification requested on this are as follows
1. In the present case, husband is very much waiting to cross wife as there are few affirmations made by wife in her proof affdavit which may lead to perjury and for which husband has got documentary evidences thats y husband wants this cross to somehow takes place.....any way just because of it adjourments cant be allowed... so question is BY ASKING TO CLOSE EVIDENCE OF WIFE, WHAT S WAY FOR HUSBAND TO DISPROVE HER CASE...
2.If husband asks for closing of wifes evidence, then what is the next step in the case?
3.can the husband file this prayer of closing evidence thro a memo or IA?
4. If so, can husband file it prior to the next hearing BECAUSE NEXT HEARING WIFE WILL ATTEND BUT SHE WILL ASK FOR ADJOURMENT
5.suppose if husb prayer is honoured, can the wife reopen it again?
6. other views pls welcome
Regards
Ramji
Dr J C Vashista
(Expert) 04 November 2013
Mr. Ramji,
I think you must trust and appreciate your counsel.
However, gather all evidences and move application u/s 340 Cr. PC as advised by experts.
