How to challenge 'case laws' referred by opposite party?

you refer the case laws suitable to your facts and the given controversy.

referring to case laws is necessary to elaborate the facts and law together.

seek help of your lawyer.

you just go through the case law which is submit by your opposite party, try to get points in favour to you.. i mean if any contravercy between your case and the case law's facts.. thats all.. there you atre the king. simple logic if you put your concentration mean you can make face any citations or case laws.

you just go through the case law which is submit by your opposite party, try to get points in favour to you.. i mean if any contravercy between your case and the case law's facts.. thats all.. there you atre the king. simple logic if you put your concentration mean you can make face any citations or case laws.

very well explained.

Mr Prabhakar has explained the matter quite exhaustively,I feel,though I know the logic but not the law.

I completely agree with the view of Prabhakar. That is why we need Video camera in every Courts for recording the court  proceedings, otherwise the Judges will do whatever they think is right in black and white and this trend is very dangerous to the judiciary.

Please accept my sincere thanks to all who gave comments and

Special thanks to Mr Prabhakar ji

Thanks & Regards

Govt should take initiative as suggested by Tushar Sir.

Hi Prabhakar Sir,

I read your post regarding bindings of various courts to its lower court and have a confusion on the same.

In my case (CRPC 125) filed by my wife in Feb-2010, she has asked the court for 25k as final monthly maintenance (and not interim but direct final) alleging me of asking for dowry and harrasing her in various ways.

In her evidence stage she has only provided an affidavit with the allegation of cruelty and dowry demand without any proof of my salary or cruelty and said that my husband's salary is 50K and hence she should be given 25K for herself alone as final monthly maintenance (My daughter is with her on temporary custody and she is not party in this).

In my reply I have told the court that I am willing to take her back even though she has filed 498a on me and my family and has also showed my liabilities worth Rs 30K (including Homeloan EMI, house rent, medical expenses for me and my father).

As she has not provided any evidence of cruelty and I also can't proove my innocence through evidence and since I am ready to take her back (I have not filed any RCR though as I didn't want to engage in too many court hearing at one time or I would have lost my job).

Now coming to real question...Since I don't have any evidence of my innocence, I have got two judgements one is from Rajasthan HC and one from Kolkatta HC suggesting that If wife can't proove the cruelty she is not entitled to final maintenance.

Since my cases are running in family court of Ahmedabad (Guarat), How much valuable these jugements of Rajasthan HC and Kolkatta HC in my case?

I would be very greatful if you can kindly give me reply on above.

thanks,
PC

dear friend,

as usual,your observations in the above post  is superb.

I just loved the phrase "Bureucratic Terrorism"

Mr. Prabhakar

Your message is amazingly clear! Thanks a lot for posting it. 

Hi PC,

I am also travelling on the same boat as you are.  But in my case she claimed both interim and final maintenance.  Interim order is already delivered in her favour.  Now the final MC is going on.  Next month is the evidence stage.  Could you please share  Kolkatha and Rajasthan HC court judgements.

Chanakyam,

Please find a number of judgement from my thread which also has Kolkatta and Rajasthan HC judgements as well --> https://lawyersclubindia.com/forum/Judgement-helping-innocent-husbands-24586.asp

Regards,

PC