In the matter of 125 cr.p.c. rebuttal argument after closure of final arguments
amrit
(Querist) 26 September 2012
This query is : Resolved
hi, I need advise if I am entitled to submit written rebuttal arguments after the closure of the same before pronouncement of the final judgement u/s 125 crpc.the other party has submitted state amendments and documents pertaining to maintenance of senior citizens and parents act,under the garb of court rulings in its final arguments,wrapped in a judgement,of which,as the copies of the judgements cited are not provided to other party, hence i came to know about the same during inspection of file for other reasons. as such,although,the arguments have been closed on that day,but we need to bring the facts about this act into the knowledge of the court that as per the said act,my brothers who have and shall inherit his property are required to maintain him and secondly I have legal right under the said act to implead them also,thirdly, the case has been filed u/s125 crpc by father only in order to save his other sons from being impleaded by the respondent,fourthly, he is entitled to seek relief either under 125 or the said act, not under the both as he is seeking. it is a fraud and i have already one case pending against my father u/s 340 (Perjury). thus he is intentionally furnishing false or irrelevant document to harass the respondent, but as the arguments have been closed and the case is pending for disposal. what alternative I have to submit the same in order to save the judge being carried away under his blough before pronouncement of verdict. PLZ suggest.
one thing more, for those who shall consider me to be a bad son. i was already paying my father Rs.5000 pm in 2007, when he filed suit to claim 1/3 of the total income of me and my wife u/s 125 crpc. as such he sought Rs. 20000 instead of rs 5000 for his other two sons.the court, after my submission that my wife does not live with me and hence her income cant be considered into joint income of respondent, as such, the respondent is left with carry home salary of Rs6608/-pm after deductions on record, awarded him Rs. 2000PM instead of 5000, which I regularly paying. so it was his greed which caused him loss not mine.
PARTHA P BORBORA
(Expert) 27 September 2012
no you can not. After final argument court must deliver judgement. It is cleare that you have not prepare your argument seriously. It is your mistake.
Shashikant V. Patil
(Expert) 27 September 2012
Final Argument is the last stage in the matter. And it is your negligences only. You may hope to prepare for in Appeal.
V R SHROFF
(Expert) 27 September 2012
Try in Appeal now.
Yes, if some fact of ur father receiving from diff sources was not disclosed earlier, you may Apply to court to consider it before order, as it was new fact necessary to consider in the interest of justice, and if that Application is rejected, move to sessions to consider it. So Order may be postponeded, pendin hearing of your Application. Take on board now, and Apply, with copy to op.
amrit
(Querist) 27 September 2012
thanks all, I have also consulted my fried lawyers. they also told me to submit an application for rebuttal of fresh documents came to light only during inspection of the file. as it is the mistake on the part of the court and cheating on the part of the petitioner, hence, i may appeal to the concerned judge or the sessions court for granting opportunity to rebut the same to be dismissed, as the same is irrelevant and superfluous in the interest of fair play and equity.however, I could not prove but have substantiated with documentary evidence that my father spent lacs of Rs. on my other brothers during the last one year i.e. on marriage and contesting his and my brothers'(who have no income or property) criminal cases up to the high court being their legal attotrney, and marriage of one and grand marriage reception party which according to his own witnesses, attended by 150-200 people. such a person can't be held to be dependent, he is only trying to harass me for not tiptoeing his line of action and became a criminal(bank decoit, highway robber and the like). i left the house when a student and completed my education while doing labour in a factory in ludhiana.
anyway, I have brought the same into the knowledge of the judge once and shall do the same again before the due date and again on the due date. so that the judge may have to go through the provisions of the said act, which are in my favour. plz give any other suggestion if you have friends.
