Hi Expert Members,
I may request you all to provide the format of letter (example letter if possible) which can be submitted by petitioner in the court, regarding delay tactics adopted by respondent as per following facts of matter :-
1. Ld PO asked both petitioner and respondent to file affidavit of income, expenditure and liabilities (As per the format set in the judgement of Hon'ble J R Midha, Delhi High Court judgement, Puneet Kaur matter) in the month of Feb 2013 in order to dispose off the interim application of pettitioner for grant of maintenance. NDOH was in Mid March.
2. At the date of hearing in March, Respondent submitted that, the affidavit has already been filed through his counsel, but when Ld PO checked the file, the same was not found, on this, respondent said, his counsel has not been able to reach today and he is on the way and he has already readied this affidavit, since at that date of hearing, peitioner also could not file the affidavit due to her illness, Ld PO gave one more chance to both the parties to file before NDOH (April 2013
3. At the date of hearing in March, petitioner filed her affidavit, but respondent this time also, put the same story forward, that he has not got the copy of the affidavit, and his counsel on his way, counsel if did not file will file today only. When the counsel for petitioner asked about the copy of affidavit, respondent replied that today only at 2:30 PM the same will be supplied in his chamber. at 2:30 when enquired in counsel's chamber (Respondent's), he told that he has not yet filed the affidavit, so the copy cannot be supplied.
My main query is that, whether such conduct of respondent qualifies for Contempt of Court. or if not so, how a petitioner can raise objections in writing (before next date of hearing.)
What will be the best thing to do.
1. Submitting an objection letter in the court (if such letter is in regular practice, would appreciate if format is shared) regarding the delay tactics and conduct of the respondent.
2. Petitioner applying the certified copy of Respondent's affidavit, since petiioner was informed in the court room that respondent has filed the affidavit.
3. (1.) and (2.) both.
Thanks very much in advnce,
