Evidence stage in trial in jm court
Kumar
(Querist) 25 July 2014
This query is : Resolved
Hello All,
1. JM judge today said next hearing is for petitioner (wife) evidence. What will happen on that day? What's next?
2. When i gave crpc 91 petition, judge said add docket and file the petition. In title of petition , i did mentioned only "Application filed under section 91 CRPC". is that issue? Also, petition didn't have front page cover letter.
3. I am only appearing without advocate and my parents(respondents) also absent in recent hearings. Today Judge said, If my parents or advocate for them is not appeared on next date, she will pass Ex-party order and continue the case without them (my parents). What it means? Will judge pass order of maintenance due to absent of my parents. I am appearing on all the dates.
Case History: petitioner filed DV Act and counter filed from my end.
Thanks.
Devajyoti Barman
(Expert) 25 July 2014
1. Wife will depose and then her cross examination.
2. THE PETITION SHOULD BE HEARD NOW.
3.Engage an advocate to represent your parents in court.
V R SHROFF
(Expert) 25 July 2014
U R LL. B Student, Ok
Advised to engage Advocate. or u WILL Repent .
U realised, u need Lawyer, and That's y u r here!!!..
malipeddi jaggarao
(Expert) 25 July 2014
By all means you should engage an advocate for yourself and also for your parents.
ajay sethi
(Expert) 25 July 2014
engage a local lawyer to appear on your behalf and that of your parents . your wife will file affidavit in evidence on next date .
Rajendra K Goyal
(Expert) 25 July 2014
Engage a local lawyer to control damage in your case. Agree with the experts.
Kumar
(Querist) 25 July 2014
Hi Rajendra Sir,
My past advocates already damaged me lot in my cases like HCP & initial stage of DV act. they were also in senior counsel.
I was suffered lot mentally and financially by few advocates who are all appeared in my cases and misguided me.
Nothing going to damage me and i will take up my matter to higher courts if lower court damaged me for my appearance.
Please don't panic me and try to encourage me.
My profession is different and i am just getting in to LLB only to safeguard me in future and may file PIL cases only in future and will not disturb someone else opportunity of advocates.
I am here to gather knowledge for my case.
TRUTH is not everyone have same kind of knowledge.
if you try to share your knowledge for my questions, please do so and i will thanks lot to you.
If this forum is only for qualified advocates and not for deprived persons similar like me, please let me know, so i will get out of this forum.
Thanks in advance.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
@Kumar: First thing yo must observe is patience especially while having posted a query, you may get different opinions from different experts, You cannot expect a favorable reply to you suit your taste. You should not be agitated over an expert's opinion which did not appease you. The fact is that you were properly advised by sitting in a remote place, taking further action on the advise will depend on your ground reality. Moreover, you have not come out with full details about your bitter experience with advocates earlier, hence you were given correct advise.
To your query:
The petition should bear the the proper details like "In the court of....., Cr.M.P.No...., Short cause title and subject on the docket cover of the petition, this is the procedure to be followed while filing a petition;
As far as your parents are concerned they either have to appear before the court or they are to be represented by an advocate engaged by them during their absence on the hearing dates before the court, you cannot represent for them also, if they are set exparte, they may have to face the orders that may be passed against them on to the allegations leveled against them in the petition in the absence of their challenge/objections. The maintenance amount award will be passed on you.
Hope your query is resolved now(?)
Kumar
(Querist) 27 July 2014
Great! Thanks lot Experts for the replies! Sorry if my words hurt any one. Your guys are doing excellent help.
malipeddi jaggarao
(Expert) 27 July 2014
Please do not address the experts in the modern language "guys".
Our intention is when you do not know the procedures properly it may affect your case. So advised you to engage an advocate. If you have bitter experience with your previous advocate, you can hand over the case to another competent advocate. All are not alike. There are many good people in this profession.
We can not encourage the queriest to represent himself "as party in person" when he does not know the court procedures properly.
Kumar
(Querist) 27 July 2014
Sounds good Sir!
