What shall i do
Querist :
Anonymous
(Querist) 24 October 2011
This query is : Resolved
Dear experts,
interim was passed in DV case and appeal is pending in the session court.
wife said huge income through Affidavit of the husband .
fact husband was in professional course during the period and she knows it well husband can prove that she knows that husband was non employed and she knows it well but said falsely that hsband was well earning through affidavit.
husband remain unemployed due to present litigation as dates are frequent and huge mental disturbance.
can husband present these evidence in session court that husband was unemployed during the period and she is falsely stating wrong information about income and work of the husband.
stating wrong information on oath through affidavit which is known by her well about her husband nonworking.
our counssel is saying all this can be said later but no use now?
may I know the reason why he is avoiding to reveal facts of her known false information in the hon. court.
she is delaying the matter in the session court as she cannot present any evidence but if we have sufficient evidence to reveal that husband was non working and remain non working till date but our counsel is avoiding.
we are not getting the reason ?
we cannot submit our evidence to reveal that during the course any kind of work was not possible
7-8 hours daily travelling ( railway pass present)
7- hours college ( college ID ) and timing.
few other things are also present
she will keep taking the dates and matter will drag without reason.
our counsel may be right but we are confused plz give the right path.
Arun Kumar Bhagat
(Expert) 25 October 2011
It is settled principles of law that facts/evidence which has not been placed before trial court, shall not be placed and considered for the first time in Appellate Court. An appellate Court is not empowered to take a new fact which has not been placed before at trial court. Why you did not place all these facts for consideration of Magistrate. You have missed the Bus.
adv. rajeev ( rajoo ) 
(Expert) 25 October 2011
you can produce the document to show that you were not having any employment, before the appellate court
Guest
(Expert) 25 October 2011
I agree with the advice of above
Ajay Bansal
(Expert) 25 October 2011
See A.I.R. Manuals.
prabhakar singh
(Expert) 25 October 2011
Mr. Bansal can never leave advising so.
Sailesh Kumar Shah
(Expert) 25 October 2011
Shri Ajay Bansal,
It is to be understand that you have read at A.I.R. Manuals. Having A.I.R. from author is rear!!! So, Kindly give answer or at least brief of A.I.R. Manuals.
Thanks
with Regards,
Devajyoti Barman
(Expert) 25 October 2011
I do not think even if you produce those documents , it would be of much help.
Unemployment of the husband is no ground to escape from giving maintenance.
You rather finish the appeal soon and concentrate on trial to prove your innocence.
ajay sethi
(Expert) 25 October 2011
what grounds have you taken in memo of appeal?have you in appeal mentioned that husband was un employed and not earning .
why did you not point said facts before trial court?
if you have incorporated those facts in memo of appeal court may consider it .try your luck
Sankaranarayanan
(Expert) 25 October 2011
yes i agreed with mr barman's view of suggestion, no man escape by such .....
Anirudh
(Expert) 25 October 2011
Bansal (I am deliberately not prefixing Mr.) seems to be an incorrigible IDIOT. In spite of being repeatedly told not to simply say "See A.I.R. Manuals" he repeats the same answer. At best I draw an irresistible inference that whenever he do not know the answer to the query posed, and when he wants to say that he does not know the answer, then he says "See A.I.R. Manuals". So, whenever he says so, we have to realise that he does not know the answer to the query. As simple as that.
Shonee Kapoor
(Expert) 25 October 2011
I don't agree with experts. The appellate court may or may not accept evidence.
However, on the grounds that the trial court has erred in not taking the facts presented by the defendent in account.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 25 October 2011
Not even you agree to see Bansal's AIR Manual
Mr. Kapoor.
Arun Kumar Bhagat
(Expert) 25 October 2011
Mr. Bansal has agreed to send a copy of AIR MANUAL to all experts as Diwali Gift. Anyone desirous to have the same has to send his postal address immediately in this link.
ajay sethi
(Expert) 25 October 2011
mr bnagat i too would like latest copies of AIR manual as diwali gift from learned expert Mr bansal
Devajyoti Barman
(Expert) 26 October 2011
Yes I am too looking for to get one or more of such copies.
