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(Guest)

Help needed- urgent

Hi experts, On last date i.e on 15th July, me & my laywer both couldnt reach court due to unavoidable circumstances. wife's layer took argument for interim maintenence (HMA 24) in front of judge in our absence. now the next date is given on 12 Aug for order. we have good argument & proofs but could not present on that day. Pls advise what to do now to stop this order? Thank you very much in advance.


Learning

 10 Replies


(Guest)
Experts Pls reply Thank you

Adv. Chandrasekhar (Advocate)     25 July 2013

You can move an application  right today explaining the reasons for your absence on the last date and seeking a fresh date for your arguments as you have been heavily relying on several authorities.  Noramlly,the judge will consider the application and give you the same date put up for orders for leading your arguments.  In some instances, the judge may given an interim date before 12th August to you to lead your arguments.  Your advocate must have known this simple procedure.

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(Guest)
Experts Pls reply Thank you

Adv k . mahesh (advocate)     25 July 2013

filing an petition for the same arguments and mention the new evidences you want to submit before the judge could pass the order consider for the same and decide on merits 

filing of petition will give you an advantage and also to showcase the evidences for the arguments your lawyer missed in this way you can extend the date of judgement and also the judge will have a second thought if he gives you a chance for the argument 

Adv. Charmi Makwana (Advocate)     25 July 2013

Make an Application for explanation of your absent on last date on or before 12th Aug.. seeking a fresh date for your arguments...

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(Guest)

can we submit our written argument before next date?


(Guest)
Originally posted by : Hats off to Experts
Hi experts,
On last date i.e on 15th July, me & my laywer both couldnt reach court due to unavoidable circumstances. wife's layer took argument for interim maintenence (HMA 24) in front of judge in our absence. now the next date is given on 12 Aug for order. we have good argument & proofs but could not present on that day.
Pls advise what to do now to stop this order?

Thank you very much in advance.

Ask next date via written application, judge may also want you  to pay fine.

You can file written arguments.

Adv. Chandrasekhar (Advocate)     26 July 2013

Yes. You can file the written arguments as soon as possible before the judge makes up his mind and writes his judgment.  But advance copy shall be given to the opposite party's advocate before filing it in the court.  No penalty will be imposed on you.


(Guest)
Will judge except my application & written argument?

(Guest)
Originally posted by : Hats off to Experts
Will judge except my application & written argument?

Yes.

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