Os suite in family court: how to respond to issues raised
Jeevan
(Querist) 16 November 2014
This query is : Resolved
My x filed OS suite in family court to access the locker which was in our joint name. We have replied to court that locker was last accessed by her before filing 498a and is a crucial evidence in 498a case.
Now judge has identified 'issues' for maintainability. Can someone put lights on what does it mean and how to respond - verbally or in written. Also, it appears like court has not gone through our reply.
Thanks in advance for your guidance
Devajyoti Barman
(Expert) 16 November 2014
Meet the lawyer with all appears. Without seeing the respective pleadings it is difficult to advise.
Check whether the court has framed any preliminary issue under Order 14 Rule 2 CPC which is not clear from your query.
Jeevan
(Querist) 16 November 2014
Thanks for responding. What exactly are the 'issues' in legal terms?
Devajyoti Barman
(Expert) 17 November 2014
This is the points on which the court would decide the points for reaching final decision.
Jeevan
(Querist) 17 November 2014
What if court missed some important issues. As I mentioned above, it appears like court has not gone through our reply and missed important point that a fraud has happened and this is an important evidence in 498a case. Is it possible to add issues from our side?
Devajyoti Barman
(Expert) 17 November 2014
Issue can be formed even after conclusion of evidence. So do not sleep over the issue of framing of any particular Issue.
ajay sethi
(Expert) 17 November 2014
you must have engaged a lawyer .court frames issues after going through the pleadings .
if it is your case that fraud has taken place you have to prove your case
Jeevan
(Querist) 17 November 2014
Thanks Ajay, I am already talking to a lawyer. He is suggesting the verbal reply and I am not sure if that's a right way.
Rajendra K Goyal
(Expert) 17 November 2014
In case of any further query on the views / strategy of your lawyer, may go for second opinion after showing the new lawyer full case file.
ajay sethi
(Expert) 17 November 2014
you can apply to court to frame additional issues . to recast issues already framed
V R SHROFF
(Expert) 17 November 2014
NEED TO GO THRU CONTENT OD APPLICATION AND PRAYERS BASED ON FACTS.
Guest
(Expert) 17 November 2014
In what manner you want to link the access of locker with the 498a case or the maintenance case of your x, while the title of your query is "how to respond to issues raised" when you have not made any mention of the issues raised in the 498a and the maintenance cases?
T. Kalaiselvan, Advocate
(Expert) 17 November 2014
What are the issues that have been framed? You have not mentioned the issues that have been framed by the court but keep saying that the court has missed out information. If your lawyer is not cooperative, you may change the lawyer or if you know what issues have been framed by the court,you may discuss the same with another lawyer or bring them here so that your point can be discussed here.
Jeevan
(Querist) 17 November 2014
The wife maliciously operated the locker before filing the 498a case and then gave application in bank to close the locker citing the dispute. She then later claimed the locker items in 498a & DV cases. The bank is also involved in this by maliciously giving her access. At this moment the locker is closed and not clear what is inside it and what she has taken in last access which was herself.
She later sent a legal notice to open the locker which we replied that we do not have issue opening locker in presence of 498a court and can be opened once she leads the evidence in 498a case as some of the item she demanded are supposed to be in locker. This was over two years back.
This was not acceptable to her as she is avoiding court to lead evidence and hence she filed another case in family court and categorically asked to access locker ALONE.
In family court, we replied along with her previous notice and our previous reply and mentioned that the locker access can not be provided as
1) It's an important evidence in the 498a case. We have also mentioned our previous reply where we agreed for opening the locker if she leads the evidence and instead of it, she decided to file another case thereby wasting the time for all.
2) There is possible theft which we need to investigate and can only be done on proceeding of 498a
3) Role of the bank (also party in the case as defendant 2) and dubious condition under which bank gave her access without any verification. We have also request court to instruct bank to produce documents. This is also ignored in issues identified by the court.
T. Kalaiselvan, Advocate
(Expert) 17 November 2014
Dear Author, you have once again given your version of reply to the court but have not replied the query raised by experts. Do you know what all issues were framed by the court after the filing of your written statement?, if not ask your lawyer to let you know the issues framed by the court about this case, if your lawyer is not cooperating, you may take the help of another lawyer and get his opinion also to the issues framed.
