Guidance on Argument Stage/Affidavits/Evidence/Preparation

It's all confusing. Please narrate your case in full to get the correct advice. Affidavit is definitely treated as evidence. Any party wanting to give evidence can do so by submitting affidavit and the same is taken on record and admitted in the evidence. This clears your doubt about evidence and affidavit. Next, your lawyer is not talking much. Change the lawyer. The stage of argument comes after the opponent closes his evidence. Argument is the final stage for the applicant. Thereafter the opponent will argue. Against that the applicant can counter-argue. These are the final stages of the case. Opponent may or may not submit any affidavit. He has to submit the Written Statement at the date given by the court. Three adjournments are allowed depending upon the reasons and grounds for leave.

Thus, the stages in the case are :

1. Petition by the petitioner/applicant/complainant

2. Written Statement (Reply to the Petition) by the opposite party(Opponent/accused)

3. Examination in Chief of the Applicant/petitioner by his/her advocate or affidavit in that respect

4. Evidence by the Peitioner/Applicant/Complainant

5. Cross Exam by the Opponent

6. Corss of witnesses by both advocates

7. Further Evidence by the applicant (if any)

8. Final arguments by both sides

9. Judgement

In all the stages generally 3 adjournments (or sometimes more) are possible at the discretion of the court.

If any stage is closed because of the absence or delay in submission, the same can be reopened by application and payment of cost, if so ordered.

I hope this clarifies your doubts about various stages and how the proceedings are conducted in court.

at which stage defendant cross examination takes place?

I am very grateful to Valentine sir. Some of my problems are cleared but I have other question to ask.

Please help me.

 

 

I am changing the lawyer ASAP. (she was working before as a junior person to my wife's advocate.  my wife's advocate is one of the big lawyers and many advocates working under him.)

My wife case is false. She filed divorce case in 2009 for cruelty. We were married in 2003. it was a love marriage. We have no children. she wanted to live separately from my parents. I had an accident and illness. I became bald, no hairs on the head. I and my wife are employed.

 

I am retyping the stages  as told by you.

Wife is state govt employee and I work in private company.

1. Petition by the petitioner

Wife filed it as cruelty. petition and also affidavit. marriage ceremony photo and with mangalsutra, saptapadi photo, marriage certificate, her father address, her pan number xerox, my address proof, our joint banck a/c xerox 

She gave a list of ornaments, utensils, items, our both pan numbers and passport numbers. Asked to return all ornaments, items and everything. (but she asked 30 tola gold but her father had given only 12 tola gold but not officially my father also mafe ornaments of around 11 tola gold. gold price was 5000 per one tola during my marriage time) 

 

2. Written Statement

I filed written statement with my lawyer. I want her to come back.

3. Wife submitted petition for maintenance on interim basis as a monthly payment and affidavit also with same wording in it.

She has written about my salary (43 thousand pm) and her salary as around 16 thousand only. But due to pay commision her salary wud be more than 16 thoudand.

But I work for 12 hours a day and she works only 4-5 hours a day in the lazy manner in govt office. Is it my fault?

4. I submitted my answer in reply document and also gave xerox copy of her pan, her office details, her old 2006, 2007 form 16, 16A xerox found at my home. also xerox that my father has invested in her joint name and my mother a plot of 7000 ft at my native place.  

Argument that will happeen on next date is not for 1. and 2. but for point number 3. and 4. as above

I had a quarrel with my lawyer also. My lawyer was not comiing to court regularly. she did not add many things in my written statement that I told her. I am just wasting my paid leaves and having mental tension.

I want to attend at court alone. Is it possible? 

This is the history until now.

 What will happen in court on next date? this is my queestion. please help me.

I have not given any affidavit even once. But given many xerox copies of many documents.

I want my wife to come back. But she does not want to come back. She wants to live separate from my parents and near to her parents. The distance from that place wud be too long for me to go to work. She fights with my parents also. I am ready to live separate but not near to her parents.

At starting my lawyer gave me good advise and told that all allegations are only verbal and can not have proofs. But I want to say that all allegations are false only then where the question of proof? and court will not agree with it. But now lawyer is not helping me properly.

more than one year is passed with  fighting with my wife. there is no end.

please tell me about your remaining steps properly upto judgement step 9.. and how much time it can take completely.

thanking you Sir. please help me.

 

 

  

@Munaabhai

Hey Buddy, don't get disheartened.

Valentine ji is corrent and it is detailed a;so.

 

In layman's terms, this is what is to follow................

 

You need a good lawyer..........It is a must..........Or you wud be taken for a rife ...........

For Interim App, 1...4 stage is over.

Your new lawyer wud have to 'cross-examin the petitioner's plea of maintenance with adduced prrofs alonwith your say, and based on your strategy of defense.

You fergot to mention clearly about HMA24/CRPC125 etc.

Ensure that you & your lawyer bring it to the notice of hon.judge that............................................

Wife has sufficient means............You want her to come back.......... you have many dependents and she doesn't...........There are many investments made by your father in her name........divorce suit lacks the substance.........no need to invoke interim relief etc etc. ...............her job is govt ............but your job is private.............your job is uncertain..................you are sick and weak and may need money...............show your good conduct.

 

But there is a provcedure that you need to follow and speak only when permitted to speak. And you need a lawyer...which is unavoidable......

 

B'cos..................... your wife has already filed the sworn-in affidavits alongwith application .....................which essentially serves the purpose of ..............the examination id chief......alos.................Now from your side it has to be challenged very strongly and stubbornly with evidence and the documents that your earlier lawyer ahve has filed and relevance/adequacy to those exibits needs to be brought to the notice of the hon. judge. 

 

If you fail to challenge the plea of your wife, point by point, it would be treated as proven, undoubed, conceded  and unchallenged from your side........................For which you need a good lawyer.

 

I believe, I warned you well ahead

 

 

The next day it appears is for argument as regards the maintenance petition. You have to be very careful and your advocate must be ready with case laws etc.. Needless to state he muct be totally prepared and the facts of the case correctly specially as regards your income, your wife's income etc.

 

Tushar Thaker tsthaker@rediffmail.com

But There is main problem. 

I quarrelled with my lawyer and also wife's lawyer in the corridor in court after we came out. It happened in front of many other advocates.

 

My wife was finger pointing to my mother and told a few things to judge loudly. My mother started weeping as she was scared. Its a first time anyone in my family, is going to court .

My advocate was silent there. So I am very angry on her.

My mother's BP went high after we went back home she was hospitalised for a few days.

 

My wife has made mistakes and behaving uncivilised and making remarks about my mother.

Also I have went to other advocate also. But he knew it and then he also gave me a big lecture on verbal fight with my earlier lawyer.

 

I am feeling very uneasy and suffocated also and like remote control is in lawyers hand.

 

Hence I said that Can I do it alone if there is no advocate?

 

Will you explain me it in more details about next steps. Sir

Immediately you need to do one thing only and that is to get adjournment of 10-15 days by persuading your lawyer. During that time hire a better, willing and honest advocate and work out your further plan in the case. But one thing is certain, your will have to pay the maintenance. You may also file a case under Restitution of Conjugal Rights and give application for keeping the judgement of the present case in abeyance till the RCR case is determined. You can only insist on taking back your wife and show your willingness to treat her well and agree to what ever reasonable conditions she puts forward. This the only way to avoid maintenance at the moment.

Generally all the relevant documents are placed before the court along with the main petition which becomes the base of the case and that's how I also proceed in any case. Your advocate may produce your wife's income proof and argue that it is sufficient for her survival.

The words used in Sec. 125 CRPC are a "wife who is unable to maintain herself" so your advocate should prove that with her income she is able to maintain herself and there is no need of maintenance from husband.

These are only simple guidelines. Only lawyer can handle such cases as maintenance cases are getting more and more complex nowadays. My e-mail is valentinethakkar@yahoo.com.

munnabhai dont quarrel wid lawyer. have a good honest lawyer and teach her a lesson.

@munna bhai

 

You indded commited mistake but not offence. Talk to your lawyer again.

Frankly speaking, I don't see any mistake on the part of your lawyer apparently.

 

Whatever your wife says in front of hon.court, it doesn't matter.

Hon judges are also gone thru the role of lawyers. They also know everything!

Don't allow your emotions takeover onto you.

 

 

I am not discouraging you......................it's difficult without lawyer.............but in divorce cases......the lawyers are not mandatory (Happy!!) to represent your side.....but it's better to have one on your side.

 

 

First decide ..........what do you really want...............out of current/prevailing status of the relationship!!!

 

 

Please ignore my earlier response, your step 1 ro 4 are not thru. (as listed in valentine ji 's reply)

I regret for my mistake and correct my mistake ...................... only step 1 and 2 are thru in your case (as listed in valentine ji 's reply) .

 

 

Yet  you are hell bent on fighting it as a one man army ........till death....without a lawyer................do send me a PM!

Yet , IF you are hell bent on fighting it as a one man army ........till death....without a lawyer................do send me a PM!

I will not advise you to represent yourself in the Divorce Case without the help of a lawyer. The Law now-a-days is very complicated. You cannot anticipate what may happen in Court on a date for hearing and prepare yourself accordingly. Always some things may happen which you had not foreseen. However well you may have prepared yourself you may not be able to handle the developments in Court. Apart from this you will require to place precedents before the Court, that is previous Judgments on particular points arising in your case which you want the Court to Judge in your favour. The other side may also come with their case laws, and you will have to discuss the case laws and explain how your case laws are relevant to the issue and how the case laws presented by the other side is nnot applicable in the facts and circumstances f the case. It can be very complicated for a layman. Trust me you will be well advised to appoint a lawyer you can trust and rely on his Judgment. Best of luck.

tsthaker@rediffmail.com

Nice of you swati ABOUT YOUR ADVICE and others about advocates.

Many litigants feel that  advocate function like electric system so that you push a button and they start moving as per your directions.

In spite of valuable advice on this thread  such advice does not help since the courts do not work like scales , some body who has legal knowledge has to present them at appropriate time and stage.

Search an advocate with whom you can click instead of blaming game if want to suceed in court.

 

Could anybody suggest me how to get impotency certificate, ie stating husband fit for s*x, from medical board or a govt/private doctor which i can submit in evdience stage of annulment case? Is meical board/doctors obliged to give such a certificate on personal request?

Originally posted by :SKJ - ADVOCATE
"	No, even making application is defamation which now courts have repeatedly held.	"

Yes. I've read such directive from SC in case of Nacortic test etc. But SC has already directed the family courts to order impotency test if necessary as other wise it would not be possible to prove impotency allegations.