JAYAKUMAR S (Online marketer/researcher) 08 March 2016

Cross-examination not done by respondent's counsel(hmop)

Dear learned counsel fraternity,

Iam the petitioner/party in-person representing my HMOP case filed in my hometown sub-court in Aug 2014. I have represented & filed my proof affidavit on 10.2.2016 to seek & issue divorce decree under sections 13 i (ia) (ib). Later, i have given a copy of proof affidavit to the respondent's counsel & he received & signed on my original proof affidavit. The need of the hour is the respondent's counsel doesn't do CROSS-EXAMINATION since sub-judge ordered to conduct the same on 10.2.2016.For the past 3 hearings he is very elusive & not in the court for my case proceedings & he has got evil intentions to drag & prolong the case . Pls answer my query what is the next activity should be done to conduct CROSS-EXAMINATON ASAP & dispose this case in my favour.Previously this case has been ordered EX-PARTE on 26.8.2015 & counter-petiotion was filed by the respondent(ex-wife) on 16.9.2015. I have withdrawn my VAKALATH(COUNSEL) representation due to personal reasons.So, iam representing my case by myself(petitioner/party in-person)

i) shall i ask the sub-jugde to conduct CROSS-EXAMINATON or issue EX-PARTE order in my favour or to give a deadline to the respondent's counsel on specified date otherwise EX-PARTE order to be issued.

ii) is there any means to appeal this case in district courts or any higher court authority or is there any grievance-redressal forum or what is the next activity should i do in order to conduct cross-examination without any adjournment or delay by postponing the next hearing dates.My next hearing date falls on 11.3.2016.It seems that the sub-judge is also not serious in this case to take it to next stage or level of this HMOP case.

iii) shall i appeal to sub-jugde to issue EX-PARTE order since respondent's counsel is not co-operating & deliberately dragging & prolonging this HMOP case

Plz guide me to get thru next stage of this HMOP case .Looking forward for ur quick response .

Thanks.

Reply Follow

2 Replies

Navneet Singh 09 March 2016

read - Salem Advocate Bar Association,Tamil Nadu vs Union of India page 7, passage 3 Adjournments Order XVII of the Code relates to grant of adjournments. Two amendments have been made therein. One that adjournment shall not be granted to a party more than three times during hearing of the suit. The other relates to cost of adjournment. The awarding of cost has been made mandatory. Costs that can be awarded are of two types. First, cost occasioned by the adjournment and second such higher cost as the court deems fit.

JAYAKUMAR S (Online marketer/researcher) 21 March 2016

Dear learned counsel fraternity,

I have received ex-parte divorce decree on 15.03.2016 to my HMOP case
& it was disposed with costs without any cross-examination or enquiry
.

I have 4 queries, pls reply at the earliest:

1.What is the Validity of hmop divorce decree in re-marrying? ( i.e.,
when can i re-marry after the divorce decree issued on 15.03.2016)

2. Does the respondent go for an appeal to set aside ex-parte order ?
( respondent has already filed a petition to set aside ex-parte on
16.09.2015 during the case proceeding, i mean can she file for second
time)

3. can she file for maintenance case (alimony) since iam unemployed &
she is working in small company with less salary at her hometown
place?

4. Is ex-parte divorce decree is enough to delete my ex-wife name in
my FAMILY CARD(RATION CARD) which is to submitted to my taluk
tahsildar along with my application letter requesting for name
deletion certificate from my family card bearing current permanent
residential address.