I want to save myself from divorce filed by my husband at any cost.
Background:
I (my lawyer) had filed application for Maintenance for me and my daughter.
Maintenance awarded for my daughter (5k) but less maintenance to me (2k).
I had asked 12k which is almost 25% of his salary.. I didn't have many other proofs..his other income etc. other wise it would be around 10% only.
Some proofs I got now and hence filed review petition on my own.
I filed following:-
1. review petition,
2. the zerox copies (bank statements, rents incomes, and TDS on bank account) and and master index page
3 Notice to admit all above facts in 2.
Next dates (after two dates):- Husband filed his response as follows
1. Say to review
2. Say to 'Notice to admit facts'
Both says are almost identical and says following....
1. It all not legal application. Notice to produce and admit fact is not legal.
2. No appropriate CPC section mentioned. review not teneble. She knew about rents but did not produce it at the time of applying for maint. (But actually he was supposed to tell complete truth about his all incomes sources.)
3. Does not have locus standi and it be dismissed for lack of merits.
4. Maint is already decided etc etc etc.
He has skipped to admit the bank statements and TDS etc etc. Also he hasn't said anything about it whether he admits or denies those bank statements, TDS, rent inward cheque payments, neiher as true nor as false. He simply skipped it in his response.
That day his lawyer started telling to Court and demanded argument immediately. But then I said that unless I study his response I can't immediately argu on it.
Then case adjourned for next date in 4th week Feb2011.
Incident that day in court:
Judge said to me as follows
(rather shouted at me, gave sermon and said 'you didn't hire adv and its wasting my time!! but when my lawyer was there it never moved an inch and lawyer worked as double-agent' towards divorce as a final aid and not to save from it. Anyways)
Judge (said to me) :- "If you want to lead your evidence I would have taken it today only' (????? This is my question. Aren't my document xerox copies+index page not evidence???)
Opposite lawyer (said to judge) :- "she is justing intensionally wasting time..her application has no merits....bla blaa (a lot of it...It was silent)
Can Any expert tell me what I have to do on next hearing date?
What is leading the evidence?