caps (x) 31 January 2015
Hi. Divorce case filed by husband. Wife filed maintenance case u/s24 and also 125,498a etc . Wife is not coming for hearing & only represented by her lawyer. Her lawyer categorically said 'wife' won't come, even for cross examination. Wife has claimed a lot of rubbish in her u/s 24 petition without a single piece of evidence. Now she is not letting her to be cross examined. My question is will the court still grant maintenance?
thanks in advance.
Adv. Nikhil Seth (legal consultant (9867264707)) 31 January 2015
without any piece of evidence or corroborative evidence no order on maintaninance can be passed. In such case the applicant has to prove her maintainance case. Than only order shall be passed.
Regards ,
ADV. NIKHIL SETH
Mumbai
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 31 January 2015
The family courts act takes away the right of a person to be represented by a legal practisioner as a matter of right. Hence the court decides the same on its discretion. Courts usually directs parties to be present in person.
However i think she cannot refuse to come during cross examination. The same might result in her evidence being struck off record. Adverse inferences may also be drawn against her.
Augustine Chatterjee
Advocate
9999931153
caps (x) 01 February 2015
The case is in a civil court. Is there a difference between civil & family court? or do same rules apply for both?
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