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Manav Kalia (Arguing my own cases..)     09 September 2011

3 quick questions.. pls help..

I am arguing my own cases. Have dv filed by wife and divorce petition filed by me. Have 3 quick questions, answers very much appreciated.. Thanks in advance..

Q1. In my last dv submission, I made some legal syntax errors. Namely I wrote "most respectfully submits" instead of "most respectfully showeth", and wrote "court" instead of "honorable court" in a few places. Will it make any difference, pls advise.

Q2. I have to give the replication / rejoinder in my divorce petition. Can I attach annexures with it?

Q3. I had filed hma u/s for maintenance of weaker unemployed spouse from earning wife. She has filed the same hma maintenance against me. She has already applied for maintenance in dv case. Is she allowed to file for maintenance in dv as well as hma. Pls advise.

Thanks.



Learning

 6 Replies

Adv. Chandrasekhar (Advocate)     09 September 2011

Q1. In my last dv submission, I made some legal syntax errors. Namely I wrote "most respectfully submits" instead of "most respectfully showeth", and wrote "court" instead of "honorable court" in a few places. Will it make any difference, pls advise.

No difference.  Do not worry.

Q2. I have to give the replication / rejoinder in my divorce petition. Can I attach annexures with it?

Yes.  You can.  But along with documents (which you call annexures), file list of documents in prescribed proforma as prescribed in CPC.



Q3. I had filed hma u/s for maintenance of weaker unemployed spouse from earning wife. She has filed the same hma maintenance against me. She has already applied for maintenance in dv case. Is she allowed to file for maintenance in dv as well as hma. Pls advise.

Yes.  She can file.  If her maintenance application is allowed in HMA, in DV case that will be taken into consideration, once you explain the order to the court.  similarly if in DV case at the first instance maintenance is allowed, in HMA case that will be taken into consideration.

Manav Kalia (Arguing my own cases..)     09 September 2011

brilliant answers, thanks @ chandu, can u point me to a sample doc regarding Q2 about annexures....

mrgop (Owner)     09 September 2011

If you want to argue your own cases, its better to do the same under one advocate's guidance. Everybody commits mistakes and it takes years of experience to excel in legal or any other field. Since you are running the case without any prior experience, there are good chances of mistakes  and your wife's side will take advantage of it especially if she has appointed advocate. Drafting the petition and replies with proper points and unambiguous language is the key part of winning the case, and it requires good experience in legal field. So, don't ignore of the role of advocates in family courts espeically if otherside has appointed one. Please take help of any friendly junior advocate if you can't afford seniors, from your firend circles otherwise loosing the maintenance case only could cost you more than advocate's fee!!   Wish you all the best.

Manav Kalia (Arguing my own cases..)     09 September 2011

thanks @ mrgop, actually i have no money, assets, income, so does not matter on maintenance, or winning or losing, as there is nothing to lose as i have nothing, and i want nothing from wife, just a divorce, thats why i am arguing my own cases..

Adv. Chandrasekhar (Advocate)     10 September 2011

Go to court premises and find the stationary vendor there and ask him to give you "list of documents" proforma and he will give you a single page printed proforma for Rs.1/-.  You fill it up along with your rejoinder and file it.

I agree with Mr. Mr. mrgop.  Do not take case lightly.  Even though you want only divorce, you should contest it sincerely and if possible with professional's assistance.  In the matter of maintenance application also, the matter is not that simple.  Even though you do not have any movable and immovable properties, which can be realized by the wife by way of sending you to imprisonment, you must carefully handle maintenance application so that no adverse order goes against you.

If you do not have money to afford the advocate and you are really innocent and not harassed wife and victim of matrimonial offence and your case is in Delhi, you can contact me with prior appointment and your problem will be solved.

wish you best of luck.

Manav Kalia (Arguing my own cases..)     10 September 2011

Thanks for the help and advice @ chandu, will contact you for sure, if any further help needed.... Thanks again, much appreciated!!!!!

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