Sameer12345 (SSE) 26 February 2013
Honorable Magistrate has suggested petitioner of CRPC 125 to submit evidence without framing an issue.
As per my knowlege, first issues are being framed and than comes evidence stage.
I dont know why Honorable Magistrate directly jumped to Evidence Stage.
Is there any idea why Honorable Magistrate has not framed any issue? is it by process/law?
Adv. Chandrasekhar (Advocate) 26 February 2013
U are correct. First issues have to be framed and later on parties be directed to lead evidence. But, first inspect the file. I suppose issue might have been framed. In a situation, where husband's counter does not disclose any preliminary objection and rebuts the allegations of wife in the petition on merit, then obviously, the single issue becomes corrollary - "Whether the petitioner wife is entitled to maintenance as claimed by her? And if so, how much amount is she entitled?"
If that is so, no harm is caused to the parties.
The stage of issue of framing the issue is immediately after receipt of the rejoinder or receipt of counter (written statement) and petitioner's refusal to file rejoinder.
Manoj Wadhwa (n/a) 25 May 2013
Dear Adv. chandu,
Very well written & also thanks for this knowledge sharing.
I have also some Ques. on the issue framing in -125.
& I need assistance for all of your seniors.
Who has actually framed the issue in you in CRPC-125
Is it Judge , Opp. Party’s lawyer, ???
How they frame the issue?? (on which basis)
What is the legal parameter for doing this ? (Any Section, any rolling etc.)
Is issue can be framed in the absence of the respondent (us)
Can we challenge any issue framed on us (if we think it is not as per law,
or if we find that issue were already framed on us) ?
Can we argue on issue framing? (Before framing, If yes, in which sections) ?
Manoj Wadhwa (n/a) 25 May 2013
Dear Adv. chandu,
Very well written & also thanks for this knowledge sharing.
I have also some Ques. on the issue framing in -125. & I need assistance for all of your seniors.
Who has actually framed the issue in you in CRPC-125
Is it Judge , Opp. Party’s lawyer, ???
How they frame the issue?? (on which basis)
What is the legal parameter for doing this ? (Any Section, any rolling etc.)
Is issue can be framed in the absence of the respondent (us)
Can we challenge any issue framed on us (if we think it is not as per law,
or if we find that issue were already framed on us) ?
Can we argue on issue framing? (Before framing, If yes, in which sections) ?
Regd.
Manoj
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