LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

siva (nil)     29 September 2012

Suprem court order to family court for argument pupose

 

how to presnet suprem court order to family court for argument pupose? eg: suprem court taken deciosion  one case.This case is similar to my also. how i can use that suprem court decision in my case . i have only internet document of suprem court case.
is it possible ?


Learning

 2 Replies

Tajobsindia (Senior Partner )     29 September 2012

1. Give it to your advocate, he would know when and how to present the same during arguments / submissions.
2. If no advocate representing your version then a P-I-P should know the facts as in the SC citation and how they squarely fit into your case and why they should not be considered in your case and grant you 'just' relief. Arguments needs to be done along with related preparation on how to answer volley of questions by a presiding officer of the Court such as why presented citation does not fit in your case facts etc. etc. etc.

Also checking your other past messages of yesterday and adding this fresh query to them, like to add your remedy is before Hon'ble SC and not before Family Court as Family Court never can have power to adjudicate parties prayed matter citing ref. SC citation under Art. 142 COI which is a hint in advance giving to you and suggest still consider going to
Himalayas for next 3 months for extreme cool off as 3 months out of 6 months in your MCD case are already over.

Also the most recent i.e. just last months SC pointer as in ref. Devinder Singh Narula vs Meenakshi Nangia whose full text I presented before you in your last thread post, suggest to re-read it once again and notice WHEN the parties reached SC challenging 6 months cooling period and how SC saw the apathy of couples and thus used its special power under Art. 142 COI BEFORE couples 6 months were even over. Look also at the Constitution Law arguments of parties most Senior Advocates therein. TIMING are crucial for mercy pleas especially before Apex Court instead of wasting date at Family Court who have no such powers now that out of your 6 months minimum cooling period you both have already covered 3 months hence it is once again suggested to wait 3 more months.

 Rest it is your show-cause now.

siva (nil)     29 September 2012

 

thnks yr information ,my case started 3 year before. so i am  finding any chacne to dispose my case very early
.Time is more imporantant in our life 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register