Privacy
inderjeet
(Querist) 05 October 2016
This query is : Resolved
Civil suit regarding property was filed by my brother on the basis of false/fake affidavit which I never signed. The property was devolved upon all equal shares as per mutation duly registered in Sub Registrar. Now case have come to final hearing and my brother knowing that they will loose case they in cross examination asked personal question relating to my first marriage took place nearly 15 years back which was dissolved within 3 months legally. I have never disclosed to my children who have now grown up. Although in cross examination I requested the Judge that Advocate for plaintiff have no right to enter my personal life and have no concern with the present case and Judge told the Advocate to ask relevant questions relating to property matter, but advocate ignored the same. Although I replied that I was engaged and not married further I can't recall and cross examination was partly closed for next hearing. Please advice that can I appeal to Judge that advocate for plaintiff have no right to enter into my privacy life and if they have any grudge they can file separate case. Is there any way I can stop advocate by way of filing complaint before Bar of counsel against advocate for entering into my personal life in openly in court which have no concern with present case.
Kumar Doab
(Expert) 05 October 2016
You have already posted that 'and Judge told the Advocate to ask relevant questions relating to property matter,'.
Rajendra K Goyal
(Expert) 05 October 2016
For any irrelevant question, your lawyer may object to the court.
inderjeet
(Querist) 05 October 2016
But the plaintiff advocate did not stop. Now on next hearing again in cross examination if the advocate tries to submit some documentary proof of my first marriage and ask me for this can I give appeal application to Judge for which I requested for your advice.
Rajendra K Goyal
(Expert) 05 October 2016
If he ask any irrelevant question, your lawyer should object immediately and prey the court to allow not to reply.
Ms.Usha Kapoor
(Expert) 06 October 2016
Your lawyer may and should object if the opposite party's lawyer puts any personal, embarrassing and irrelevant question and tell them to confine themselves to relevant questions.
inderjeet
(Querist) 06 October 2016
Yes my lawyer should object but don't. Can I give appeal application to court that opposite party lawyer should not enter into my personal life and ask irrelevant question and should ask question only relating to property matter whatsoever. Opposite party is also facing criminal charges can this be any help to me in filing application to court please advice.
Kumar Doab
(Expert) 06 October 2016
If you are not satisfied change your lawyer.
Rajendra K Goyal
(Expert) 06 October 2016
If your lawyer not cooperating, you can engage new lawyer.
inderjeet
(Querist) 06 October 2016
Sir, at this stage change of lawyer is extra expenditure and more over Judge likely to pass orders. In a judgement of HC RK Chandolia vs CBI & others Judge disallowing certain questions to be put to the prosecution witness PW 12 , during cross-examination. On the basis of this judgement now I intend to file application before the learned Judge to disallow plaintiff advocate to ask irrelevant questions which have no concern with present case as it hurts my privacy and security of my children.
Rajendra K Goyal
(Expert) 07 October 2016
No need of application, it is procedure. You / your lawyer can humbly object that the question is irrelevant and should be dropped.
inderjeet
(Querist) 07 October 2016
I was partly cross examined and all questions asked by opposite advocate were relating to my matrimonial and it is understood in next hearing OP advocate will furnish copy of marriage certificate of my previous marriage just to hurt me. I want to file application before the learned civil judge for not allowing irrelevant questions and please inform me under what section application can be filed.
Rajendra K Goyal
(Expert) 07 October 2016
If the fact of previous marriage can support opposite party in their claims, court may allow them to continue.
Kumar Doab
(Expert) 07 October 2016
It is guessed from your name that you are Hindu.
You have not clarified the property is question is self acquired or HUF/joint family/ancestral?
You have posted that:
"my first marriage took place nearly 15 years back which was dissolved within 3 months legally."
Probably there was no child from first marriage.
Wife has no forced share in husband's property.
Then what is the relevance of cropping such issue.
Object to the presiding officer.
inderjeet
(Querist) 07 October 2016
Sir you are right as per Hindu act I inherited property from my parents as co-sharer. Nearly 15 years back I was married and marriage was registered but as it was inter-caste marriage same was divorced in court within 3-4 months and I was married to another girl after divorce. Now after 15 years my brothers filed civil suit and their counsel asked me personnel questions relating to my first marriage which I did not accept in court due to embarrassment I may feel from my children. Hence now I intend to file application before the learned court to disallow OP counsel to ask personnel and irrelevant questions and whereabout my children as these all things have no concern with the present case. I therefore requested if you can give me under what section I can file the application or otherwise straightaway wrote the subject matter and prayed before the court.
Kumar Doab
(Expert) 07 October 2016
You have now posted that:
"they have asked me personnel questions relating to my first marriage which I did not accept in court due to embarrassment I may feel from my children."
Hence the OP has decided to chase you.................probably to embrass you.
inderjeet
(Querist) 07 October 2016
Yes OP just tried to chase and embrass me so same can be taken in cross examination. Otherwise property stands on my name and my wife and children have no right over this. In partly cross examination I stated that I was engaged and not married (about my first marriage) and in case in next hearing OP counsel submit documentary proof of my first marriage can this go against me in court of law for speaking lie. Please advice
Kumar Doab
(Expert) 07 October 2016
Discuss with your own counsel in person.
Rajendra K Goyal
(Expert) 07 October 2016
what are the views of your lawyer?
Such contradictory statement may not effect your title in the property.
inderjeet
(Querist) 08 October 2016
Can I given application under Article 21 Right to privacy, personal liberty in the present case relating to property matter that OP Counsel may not enter into my matrimonial case
Guest
(Expert) 08 October 2016
I wonder to know what relation of your previous marriage you are making with the property?
Kumar Doab
(Expert) 08 October 2016
You have posted that:
"Sir you are right as per Hindu act I inherited property from my parents as co-sharer.....................Otherwise property stands on my name and my wife and children have no right over this................................Civil suit regarding property was filed by my brother on the basis of false/fake affidavit which I never signed. The property was devolved upon all equal shares as per mutation duly registered in Sub Registrar."
If all of it is true then during the proceedings, what is the plea of OP before Presiding Officer to include issue of 1st marriage ( that subsisted for 3 months only) and any suspected pregnancy or child from this marriage?
Kumar Doab
(Expert) 08 October 2016
If the issue is indeed irrelevant then object and request the Presiding officer not to allow the OP.
inderjeet
(Querist) 08 October 2016
There was no suspected pregnancy or child from this marriage which lasted for only about 3 months and we got divorced in court. My brother became dishonest and greedy due to prices of property rises day by day and he does't want to give my genuine share for which he in 2009 filed civil case on the basis of false/fake property partition affidavit which I never signed. Now my brother knows that he will loose the case being not strong and he through his advocate during cross examination starting entering into my privacy life of previous marriage just to hurt and insult me and bring in writing to show to my grown up children to disturb my family life. Hence now I intend to file application under Article 21 for which I requested your opinion if I am right in this.
Guest
(Expert) 08 October 2016
Mr. Inderjeet,
Now you have introduced pregnancy or child from previous marriage that clearly seems to be quite irrelevant with your property dispute with your brother.
If you don't have faith on your own lawyer, why you continued to be attached with you? You may change your lawyer or can ask your lawyer to work according to your wishes at your own responsibility.
Rajendra K Goyal
(Expert) 09 October 2016
The matter seem to be not related to your property dispute and even if judge allows such question from opposite party, you should reply frankly.
inderjeet
(Querist) 10 October 2016
I thanks to all experts as I was very much tense as I do not want to bring in writing anything about my first marriage. Although my wife knows but I don't want to get embarrassed from my grown up children at this age who can put questions about my first marriage which did not even lasts. In facts my brother just want to compel and compress me to stay out of the case although my first marriage has nothing to do with the present case. I shall be filing application under article 21 Right to Privacy to court so that OP advocate do not intend to insult, embarrass and ask irrelevant questions and confine to relevant questions relating to present civil suit of property matter which I inherited from my parents as co-sharer. Let's see what's happen in next date. Thanks. If any more advice please reply.
Kumar Doab
(Expert) 10 October 2016
If not in court the OP's can release the info outside the court.
Your wife knows.
Grown up children are usually sensible.
Contemplate to from this point of view also.
Guest
(Expert) 10 October 2016
Mix up of several extraneous matters, but not coming to the the point how everything is connected to your property case.
inderjeet
(Querist) 10 October 2016
Mr.PS Dhingra Sir, nothing is connected with my property the whole attention of OP is to take advantage of my first marriage to embarrass me as already brought in my above questions. Now my query is that if I give application under article 21 right to privacy is this correct since the OP is entering into my personal and matrimonial life which have no concern with present case.
Guest
(Expert) 10 October 2016
If can't trust your lawyer in fighting your case effectively, better change him without any delay.
Rajendra K Goyal
(Expert) 10 October 2016
If you reply frankly he would not be able to get any benefit.
Such application may not fetch desired results.
Kumar Doab
(Expert) 10 October 2016
All matters in all of your posts have been addressed.
Rest take up with your own counsel; present or new, as deemed fit at your end.
inderjeet
(Querist) 12 October 2016
In partly cross examination I stated that I was engaged and not married and statement was signed by me. Now in next date OP advocate likely to produce evidence of my first marriage. My question is that for giving wrong statement can court take action against me for which I need to take precautions although this has no concern with present case of property. Please advice URGENTLY as OP out of court have threaten me that for stating lie in court judge will punish me.
Guest
(Expert) 12 October 2016
You are unduly stretching the thread, when there is no concern of your marriage or engagement with your property case.
I wonder to know, why your lawyer has not objected to such vague and unconcerned question by the opposite party.
inderjeet
(Querist) 12 October 2016
I understand but OP replies that for giving wrong statement of my first marriage I can be put to jail by court hence I am much worried and pray for your advice. Although I have not given any affidavit but question of my marriage was asked in cross examination which I refused having no concern.
Kumar Doab
(Expert) 12 October 2016
In your last post you have stated that you have signed a statement.
"In partly cross examination I stated that I was engaged and not married and statement was signed by me."
In previous posts you were asked a pertinent question about pregnancy of 1st wife during her marriage with you and you have confirmed that there was no pregnancy and no issue from 1st marriage.
You have also hinted that property in question/dispute is not ancestral.
Wife is not Coparcener in ancestral property.
Wife ad children have NO forced share in self acquired property.
The only issue that is bothering you is that;
"In partly cross examination I stated that I was engaged and not married and statement was signed by me."
You have stated about written statement for the 1st time in the thread.
You have not posted: What is the opinion of your own counsel?
You have posted; threat of OP's counsel!
Rajendra K Goyal
(Expert) 12 October 2016
Please mention what is the opinion of your lawyer?
inderjeet
(Querist) 12 October 2016
My lawyers replied that even if they prove about my first marriage than also I am entitled to the property I inherited from my parents as it has no concern with my first marriage. I am bit tense that OP advocate in partly crosss examination confused me for which I stated I was engaged and not married and thereafter reader got me signed on what I stated. Now I am sure that OP advocate will produce document proof of my first marriage to proof in court that I have lied in court. Dear Experts can judge for this sent me to jail for speaking lie, if yes that what precaution can I take. Please advice.
Rajendra K Goyal
(Expert) 12 October 2016
we have already clarified, your lawyer has opined rightly, have faith in him.
Opposite party wanted to confuse and they succeeded.
Guest
(Expert) 13 October 2016
I apprehend that you want solution to some other academic issue in the guise of property case.
If it is merely a property case, why worry about your previous marriage? Rely on your lawyer. If you are not satisfied with his service, you should change the lawyer.
Except the efforts of your own lawyer, any undue extension of this thread may not help you to get your case decided in your favour.
Rajendra K Goyal
(Expert) 13 October 2016
Agree with the expert P.S. Dhingra ji.
Kumar Doab
(Expert) 13 October 2016
What was the need to get influenced by tricks/strategies of OP's and state and sign before court.
If at all you were to speak you could have uttered the truth.
Ask your lawyer to defend you or engage another lawyer.
inderjeet
(Querist) 20 November 2016
I have submitted application under article 21 "Right to Privacy" to court and prayed that opposite counsel for the plaintiff may confine to relevant questions relating to property matter. In next date if opposite party counsel ask irrelevant questions can I pray to Judge and object to same.
Kumar Doab
(Expert) 20 November 2016
You may do so on 'irrelevant questions'.
Your lawyer can explain why it is irrelevant, as already posted by you:
"My lawyers replied that even if they prove about my first marriage than also I am entitled to the property I inherited from my parents as it has no concern with my first marriage. "
Judge can decide.
Rajendra K Goyal
(Expert) 20 November 2016
May proceed as advised by the expert Kumar Doab.
Guest
(Expert) 20 November 2016
You have to rely on your own lawyer. If can't do so for any specific reason, better change him.
