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PRAKASHCHANDRA MARU (lawyer)     30 August 2024

Family matter

 

 Hello all learned.

There was a case of maintenance between the husband and the wife and in that case the husband gave his affidavit of evidence before the court and the case was  pending for cross examination of husband  and in the meantime a settlement was reached between the husband and the wife during which the wife gave  in writing on  300 rupees stamp with whom she had an affair particularly name of the person and there was no signature of any witness and only the husband kept this writing and as part of the settlement the wife stayed at home with the husband and settled the maintenance case on the next date. But when the wife appeared in the court, she denied to compromise to the court and afterwards  complained to the police saying that she was forced to write  the name of the person with whom having affair that there was no settlement, but no action was taken against the husband by the police.

In the meantime, the husband has submitted already his affidavit of evidence and the cross examination  of the husband was pending meanwhile husband given an application to produce  compromise between his and his wife regarding the confession of adultery on oath before the honourable court to disclose adultery his wife . meanwhile the reply of the said petition given by the wife. And after that the said matter was pending for the disposal of the application regarding to accept additional affidavit of husband.

On the next date, when the lawyers went to the court, the husband lawyer informed to court in connection with the application that only application is only our argument in the same way the lawyer of the wife told to the court that the reply is only argument.  But it was the surprised when on the next date when  lawyers went at the court on that time directly the order of the application of 125 finally disposed.

After wards  copy of order and judgment sought by the husband lawyer and  after getting copies of court papers it was disclosed that application was given to the court by wife to close right of cross examination of the husband and accordingly court disclosed right of the husband without disposing  application to the  produce additional affidavit of the husband

As per proceedings disposal of the application for additional affidavit must be disposed it is not done by court what should be done please suggest regards 

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     30 August 2024

If the case is disposed then all the pending applications in the case will automatically stands closed.

If you are aggrieved by this then you can prefer an appeal against the trial court decision.

Dr. J C Vashista (Advocate )     31 August 2024

You may file an application before the same (family) court to recall its order of closing the opportunity to cross-examination the witness (wife in the instant case).

You have also the option to assail the impugned order before appellate  (High Court, if the case is pending before Family Court) qua closing of opportunity to cross-examination. 

Smith Anna   05 September 2024

You can file an application with the same family court to reconsider its decision to close the opportunity for cross-examining the witness (the wife in this case). Alternatively, you have the option to challenge the order on appeal before the High Court if the case is still pending in the Family Court.

level devil


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