Steps involved in a matrimonial case.
Shantanu Wavhal
(Querist) 01 February 2012
This query is : Resolved
Experts, please amend / provide further information.
what r the chronological steps involved in a matrimonial case ?
1) petitioner presents the petition.
2) Petition number is given by the clerk.
3) First date for hearing is given by court.
4) On the first hearing, petitioner presents his case & if the judge feels, case is admittable, then notice is issued for respondents, specifying the date on which the respondents have to be present in the court & file their WS.
5) Issue is framed.
6) Trial commences.
7) Evidences are submitted by petitioner.
8) Petitioner is cross-examined by respondents.
9) Evidences are submitted by respondents.
10) Respondent is cross-examined by petitioner.
11) Finally, both – petitioner & respondents are asked to submit any references / case-laws in the support of their contentions.
12) Judgment.
Raj Kumar Makkad
(Expert) 01 February 2012
You add between 4 & 5 the following proceedings:
-Conciliation Meetings are held;
-If re-conciliation meetings fail then respondent files his/her written statement
and reply to application filed under section 24 of HMA, if any;
-Argument and decision of aforesaid application;
The series thereafter told by you is correct.
V R SHROFF
(Expert) 01 February 2012
Re- conciliation facility was not available to diff Courts. It was limited to Family Courts situated in selected cities.
But on Application of both the parties, or one of the party after obtaining say of other party, it was allowed to Private Mediators.
Now majority of District Court also are equipped with Mediator facility.
Other procedure , one important aspect after step (3) is to serve notice through Bailiff. If opp party want to delay, party play tricks, and pass on a year , just for service of Notice.
Thereafter First date process start.
There is 90 days of period allowed to file ws, after the date of service, and it can be extended also, condoning delay.
Shonee Kapoor
(Expert) 01 February 2012
:-) Perfect.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
