How issue fixation happens

Issues:
 

What are the reliefs sought? Whether the same can be granted

Any objections to those reliefs? Whether the same has any merits.

Shonee,

Not sure whether you wanted to say that answers  to  the questions you have asked will be issues or whether you will need their answers before saying what will be issue.

In case it is former please confirm, if it is latter please find answers below and please let me know what  need to be done - Just to tell you, we are dealing with a judge who simply does not want to work - it has been almost an year but even issues has not been fixed.

What are the reliefs sought?

  - Divorce 

Whether the same can be granted?

  ????

Any objections to those reliefs?

 Yes

Whether the same has any merits

- Opp party has simply denied all allegation so I think only trial can say where allegations are correct or not.

Sir,

The court based on the pleadings. (Petition - Written Statement - Rejoinder) would make issues to lead evidence on the same.

The issues for this can be (may vary depending upon the case merits):

a) Has the husband treated wife with cruelity? - OPP

b) Has the husband deserted wife without any sufficient cause for more than two years? -OPP

c) Whether the wife has no locus-standi to file this petition? - OPR

Now OPP means Onus of Proof on Petitioner, OPR means Onus of Proof on Respondent.

Hope that clarifies.

If any problems, please PM me.

Regards,

Shonee Kapoor