Evidences in matrimonial case
Dr. Shekhar
(Querist) 20 October 2014
This query is : Resolved
The respondent has not appeared nor given any reply and the summon notice has been served and received. In the last hearing the court ordered applicant to file the evidences.
Kindly let me know whether the evidences can be filed before the date of next hearing with alhmad or they have to be filed on the date of hearing and given to the judge?
Isaac Gabriel
(Expert) 20 October 2014
File it in the next hearing and serve copy to the respondent.
Dr. Shekhar
(Querist) 20 October 2014
Mr Issac Gabriel, Thanks. You mentioned that I serve a copy of evidences to respondent. Now should I wait for the court to ask me to serve the copy to respondent? or is it the normal procedure and its mandatory to serve the copy to respondent ?
Secondly, is the copy to respondent to be served before the next hearing or after giving these evidences to the court in next hearing?
Devajyoti Barman
(Expert) 21 October 2014
How are you related to this query ? I believe you are a tax professional.
ajay sethi
(Expert) 21 October 2014
dont furnish any copy of affidavit of evidence in advance . when you file affidavit of evidence in court furnish copy to respondent
V R SHROFF
(Expert) 21 October 2014
YOUR MATTER MUST BE ORDERED TO BE HEARD EX-PARTE.
You submit your Evidence, NO Cross, so u will win the case very easily..
follow inst of your lawyer, do not disclose outside or here to get full benefit of EX PARTE ORDER, TILL ORDERED AND APPEAL PERIOD OF 90 DAYS OVER. JUST KEEP IT WITH U & UR ADV.
V R SHROFF
(Expert) 21 October 2014
PERSON OF UR PROFILE DON'T NEED THIS SMALL TIPS....U KNOW ALL.
Dr. Shekhar
(Querist) 21 October 2014
Dear Mr Shroff, Many thanks for reply. This is my own and first case so I have little knowledge. My matter was heard in last hearing and since the respondent didn't appear and nor replied so the court dictated exparte and said evidences to be filed.
My question is do I need to file these evidences in next hearing and hand these to judge or can I file with alhmad before hearing date? Secondly is the copy of these evidences to be sent to respondent?
T. Kalaiselvan, Advocate
(Expert) 22 October 2014
You have been very clearly told what is to be done by the experts, this is an exparte evidence, you have to file the evidence on the next date of hearing only and not in advance. The respondent has not turned up before the court hence the court had set the respondent exparte therefore you do not have to serve a copy of the evidence to the respondent who chose to not to attend the court for the proceedings to be heard.
Dr. Shekhar
(Querist) 22 October 2014
Mr Kalaiselvan, Thanks so much for such a satisfactory reply which was very clearly understandable for me and I have no further questions on it.
Kindly clarify my second question that how many future stages will be there in such case. I see that in next stage I have to file evidences and then after that what stages are going to be until final decree?
