Cpc procedure
rajiv_lodha
(Querist) 07 April 2012
This query is : Resolved
Boy filed divorce on cruelty grounds at Add Session judge court. On 1st hearing SEC24 application+councelling, 2nd hearing= Sec24 reply+councelling. 3rd hearing=case goes to Mediation Cell, remains there for 4 months.........failure report is back.
ADJ acts with non-sense n on the very 1st date of resumption (back from Med. Cell), 'frames the issues' n puts a long date of 6 months for Boy's side's evidence. case is now 18 months old. The things which are lost in his hurry:
1) Girl sides WS
2) Boy's Rejoinder
3) Sec 24 arguments+ decision.
Boy wants the last ZIMNI to be corrected & correct procedure followed, Judge is transferred, the new one rejected the Boy's rule-8 (striking-off the defense) application assuming that "when issues are framed, girls's WS must have been there". Actually, girl's side has inserted 7 pages WS into the court file by bribing the staff when they came to know that Rule-8 application is there. This 7pages WS do not correspond to any ZIMNI till date & no court marks are there on it. Now:
1) Does the boy need to move HC to get the anomaly corrected?
2) Is sec24 need to be over before "framing the issues" in divorce cases
3) Whenever girl files WS, is it mandatory for the judge to mention it in Zimni-orders or some other court procedure has to be followed as mandatory.
4) How to get justice that -ADJ has not applied his mind n not followed the necessary procedure when he jumped to 'issue-framing' by-passing other steps......moreover girl side has inserted WS without any markings till date?
Raj Kumar Makkad
(Expert) 07 April 2012
1. Yes.
2. Yes but this is the matter of worry for the wife side. Why do you care for this?
3. It should be mentioned in Zimni order.
4. You file revision against the dismissal of your application as discussed in your query before high court and the entire matter can be got discussed there.
Shonee Kapoor
(Expert) 08 April 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 08 April 2012
Agreed with Shri Makkad. Nothing to Add.
Husband lost time, saved sec 24 maintenance money.
How ADJ framed issue without WS??
if issues framed are favourable to you, keep quite. You give details of issues frame.
How Wife can file WS without verification?? , ?? was it exhibited??? give details to take full advantage of this situation, though Appeal lies either side.
rajiv_lodha
(Querist) 09 April 2012
Thanx experts, issues those are framed are ok for the boy. Aim is:
1. No WS filed by girl. Moron judge jumped to 4th-5th step directly. When Rule8 application is filed by boy to new judge, he rejected it as when issue are already framed, means previous ADJ must have seen that WS is there. The girl side has mischievously inserted WS papers. So no zimni corresponds with WS submission. Mere "issue framing" (wrongly) stands hurdle in getting rule8 application to succeed.
@ Shroff Sir, "How Wife can file WS without verification?? , ?? was it exhibited???"
Kindly elaborate for a lay person what is the exact mandatory things judge/court has to do when WS is filed & taken on record. I have seen those papers (WS). These do not have any court markings/any initials from judge etc. What points other than 'NO CORRESPONDING ZIMNI' can I dig out to tell that its all fraud going on!
Shonee Kapoor
(Expert) 11 April 2012
It might well have been missed.
Why you don't want to fight case now onwards.
WS was her right, she would have filed it anyways
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
rajiv_lodha
(Querist) 11 April 2012
Boy also not so averse to her WS. But I want 2 things:
* Boy's rejoinder (coz it will help him a lot in future) must be on file. Is there space left for the same after "issues are framed"
* Sec24 sword be permanently removed from boy's head. In this date he is sure to counter it to NIL Maint. But, say, after 6 months It may trouble him.
One related question plz: Is there any diff between Rejoinder & Amendment Petition!
rajiv_lodha
(Querist) 14 April 2012
Experts plz advise. Should he start with - getting certified copy of so called REPLY which is bone of contention
