Any condition precedent for filing evidence?
Satish kumar
(Querist) 01 December 2016
This query is : Resolved
Dear experts,
My Client (husband) , we are waiting for Opposite party to file evidence since 1 year, they are delaying by not filing evidence but interim is continue.
When pushed opposite party, court asking to clear arrears, is there any such rule to clear arrears then only Evidence will be taken by court?
kindly suggest.
Thanks in Advance
adv.bharat @ PUNE
(Expert) 02 December 2016
Yes it need to be cleared before to proceed further.
P. Venu
(Expert) 02 December 2016
Is this a real time query?
Dr J C Vashista
(Expert) 03 December 2016
@***Learner***
1. Vague query with inadequate information to form an opinion and advise.
2. Disclose your identity to get some response. The smart adopted name i.e., ***Learner*** remained anonymous and anonymous author is not entertained on this platform.
3. What is the guidance of your tutor?
4. Consult a local senior lawyer.
Satish kumar
(Querist) 15 December 2016
@experts,
Sorry for the inconvenience, However this is real query case is going on before MM Court, Local Lawyers do say to pay the money, however AFTER interim granted Petitioner-wife did not appear for almost 9 months and giving various excuses and not filing Evidence, Later on Petitioner-wife filed application for NBW for want of arrears which we said Evidence is pending since months, Petitioner-wife advocate asked for money before filling evidence, I'am trying to locate any such judgment / citation which will help me to refute this argument, as this is common delay tactics used in DV Cases
Dr J C Vashista
(Expert) 15 December 2016
Assuming the husband has not paid any money as awarded, if your statement is taken to be true, the application filed by wife for issuance of NBW for arrears of awarded amount is not maintainable.
Under which provision of law she has applied for issuance of NBW for want of arrears? No opinion can be formed or any advise can be given for false and concocted statement.
The judgments are not provided on this platform, search yourself if you are interested. Moreover, what for do you want to have judgment(s)?
Discuss with a senior local lawyer, if you are a lawyer, otherwise, let your lawyer may do his/her professional duty for that s/he is paid by you.
Rajendra K Goyal
(Expert) 15 December 2016
Agree with the submission from expert Dr J C Vashista.
Dr J C Vashista
(Expert) 16 December 2016
Thank you Mr. Rajendra K Goyal for agreeing with my opinion and submissions.
Now it is the turn of author of this query Satish Kumar to agree or disagree, approve or disprove my submission/opinion, advise or guidance.
