Need help in dv case

Dear Author,

All these things which are going in your case is just a strategy adopted by your husband to delay the proceedings and court relief to you but you dont have to worry as interim relief and maintenance can be granted from the date of filing of application in the court .

If you say no objection it mean the cross examination will be done by his counsel.

If you file counter/objection the court will consider the matter and pass order as court deems fit may grant or can dismiss also the petition of your husband

You can state that your husband is trying to delay the proceedings as he had also not appeared before the court intentionally and when ex parte is granted then he appeared to contest the case

You will be crossed in the same date but can be given next date in very rare circumstances ,you can ask the presiding judge requesting to make cross examination on the same day

After the pws, the dws will go on and after that arguments and then order.

feel free to call if you have left any query in mind,

What should I do now? Should I file a counter or should I say I have no objection?

File a counter stating that he had full opportunity to raise the objection earlier and that there is no new fact or allegation that you have brought forward to justify a recall of the witness and that there is nothing new that the Court will come to know that it does not already know to come to a just decision. Say that this is an unfair litigation strategy as he already knows what your answers are.  As a fail-safe, say that if the Court does grant his request for re-examination, then at most, to be fair to you, questions already asked cannot be asked again.

What happens if I say no objection

You will be crossed again.  There will be delay and he probably knows what you are going to answer and will be prepared to counter these answers with more questions.

What happens if I file a counter

You must file a counter.

What should I give the reason as when I file a counter for this 311 petition.

See above.

What is the actual order of procedure in my case? Kindly explain the steps like who files the proof first, crossing etc in correct order.

There are several posts on this forum describing/listing the procedures in a DV case.

Should I be crossed on the day I file the proof and evidence. Or is it the procedure to give a separate date for his counsel to cross me.

Depends on the judge. There is no rule on this subject so it is left to the discretion of the judge based upon time available on the day you file, request from other party to review your affidavit, etc. Most likely it will not be on the same day.

Should he file his proof and evidence before he crosses me?

Not necessary. 

Can I say he needs to file his side of the proof and evidence before crossing me?

You can say but the request will most likely be rejected. I am not 100% sure on this, though.

What happens after he crosses me and i cross him

Evidence is closed unless there are other witnesses.  After all witnesses are examined, arguments are held. Do submit written arguments. Finally the court issues order! Thereafter the court loses jurisdiction over the entire case.  Only appeals court can provide different or additional relief after that.

1. What should I do now? Should I file a counter or should I say I have no objection?  If you do not have objection to the petition, you an endorse your no objection and need not file counter.

2. What happens if I say no objection?  The 311 petition filed by him will be allowed.

3. What happens if I file a counter?, then there will arguments from both the sides o be heard by the  judge.

4. What should I give the reason as when I file a counter for this 311 petition?  You may state that he is purposely delaying the case with one or the other flimsy reason, hence objected.

5. What is the actual order of procedure in my case? Kindly explain the steps like who files the proof first, crossing etc in correct order?  Since you have already filed your proof affidavit, it is he who has to cross examine you.

6. Should I be crossed on the day I file the proof and evidence. Or is it the procedure to give a separate date for his counsel to cross me.?   The cross examination may be deferred at the request of the counsel for the respondent.

7. Should he file his proof and evidence before he crosses me?  First his side has to cross examine you and then only his side will file proof affidavit.

8. Can I say he needs to file his side of the proof and evidence before crossing me?No, it is not correct and legal.

9. What happens after he crosses me and i cross him? after that the evidences on both sides will be closed and posted for arguments.