Important advice on file documentation
asmita0009
(Querist) 29 April 2012
This query is : Resolved
My Husband had file petition in Bandra family court in july 2008. so i have file application for travelling and maintence which is not deposited by Husband regulary, However court had passed the orders for very meger amount for maintainance and travelling. All my stridhan is in custody of my Husband which was given by my parents only. So, my advocate had issued warrant. Now we have received reply for the same. which is absolutely baseless and misguiding the facts. So, we have submitted our reply again as it was very necessary in this case. But court clerk had denied to accept the same as it is so called as rejoinder and now we can only do the arguments only.
So, please advise me can we file the reply again or not in family court?
Devajyoti Barman
(Expert) 30 April 2012
You better file a case for maintenance under DV Act in Gujrat court.
On the meantime file Transfer Petition in the Supreme Court to transfer the matrimonial suit from Bandra Court to Gujrat.
Given your status as separated wife the top court would transfer the case to Gujrat.
SAINATH DEVALLA
(Expert) 30 April 2012
On what basis the court had passed the orders for maintenance and travelling?If your husband is well off and well settled,your advocate should have stressed on a fixed amount according to his status,as he had filed a divorce petition.The court will generally be lenient on the matter of stridhan to be given back to the wife.But can you substaintiate your claim with documentary evidence.
Other things have been aptly adviced by Mr.Barman.
Sankaranarayanan
(Expert) 30 April 2012
better file a case for maintenance under DV Act
Deepak Nair
(Expert) 30 April 2012
If you want to file a document in the court, then you need to file it before the judge in the open court and not to any clerk. It is the judge who will decide whether to take it on record or reject it.
Deepak Nair
(Expert) 30 April 2012
If you are not satisfied with the lawyer, change your lawyer.
But don't blame the judges. Because they can decide only on the basis of presentation of the case by advocate from each side.
Deepak Nair
(Expert) 30 April 2012
Filing a petition for maintenance in Gujarat, as advised by the learned experts above, is a very good option for you.
Nadeem Qureshi
(Expert) 30 April 2012
Dear Querist
you should filed all the document before the court through your advocate, if the court reject your application and refuse to take documents on record, go higher court and fight.
you have also right to file a Transfer Petition before SC to transfer the case from Bandra to Gujrat.
Feel free to call
Shonee Kapoor
(Expert) 02 May 2012
I agree with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 30 August 2012
Well advised.
File case in Gujaratr , Demand residence, stridhan & mtn
