My advocate had not argued facts while interrim arguement
sanjay singh
(Querist) 05 September 2015
This query is : Resolved
my argument on interim maintenance was ok
1st time ,point raised
1 : my wife driven out by matrimonial house my Advocate Ask Where is the Proof
2. regarding her education beause She hided her education.
I was satisfy at that time but Judge changed before the Order.
The new Judge came and said for re-hearing.And my Advocate not raised point:1
My advocate wanted me for appeal in high court and I don't want go.As result same day Order passed by the new Judge.
Is there any thing I can do in same family court the facts which been left or
purposely my advocate not argued.
SAINATH DEVALLA
(Expert) 05 September 2015
U can go for an appeal in the High Court only,U cannot go for revision in the same court.
V R SHROFF
(Expert) 05 September 2015
Little carelessness can cost very high.
Must go for WRITTEN ARGUMENTS, , SO THAT SUCH INCIDENCE DO NOT OCCUR.
JUDGE MAY NOT NOTE YOUR VITAL ORAL ARGUMENT, AND you have no remedy thereafter, unless your arguments, with citations, proof and Exhibits are in WRITTEN FORM. IT help in APPEAL TOO.
APPEAL is the only remedy.
Else you proceed fast for final order, so that facts comes out, and you may decrease your damage.
V R SHROFF
(Expert) 05 September 2015
Little carelessness can cost very high.
Must go for WRITTEN ARGUMENTS, , SO THAT SUCH INCIDENCE DO NOT OCCUR.
JUDGE MAY NOT NOTE YOUR VITAL ORAL ARGUMENT, AND you have no remedy thereafter, unless your arguments, with citations, proof and Exhibits are in WRITTEN FORM. IT help in APPEAL TOO.
APPEAL is the only remedy.
Else you proceed fast for final order, so that facts comes out, and you may decrease your damage.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 05 September 2015
There has to be reason not to argue against when argument is on record. U may go in appeal instead of holding on
Dr J C Vashista
(Expert) 06 September 2015
Once the court has passed an order the aggrieved party can move in appeal.
sanjay singh
(Querist) 09 September 2015
Sir My advocate had argued 1st time facts on interim maintenance
1 : He submiited judgement regarding she was not driven out by matrimonial house
There is not proof of it means she left by her own decesicion.
This point is not said at the time of argument with new judge.
My point is Can I say to judge my advocate has not mention the judgement regarding what he said earlier which submitted to you.
Can say to judge I have submitted judgement of where crpc 25 of sub section 4 not granted any maintenance.
sanjay singh
(Querist) 09 September 2015
Can I say to Judge about Order of interim maintenance what he has Passed against me.
This is only because my advocate misguided me so that I GET CHANCE FOR MODIFICATION OF ORDER
sanjay singh
(Querist) 16 October 2015
Sir My advocate had argued 1st time facts on interim maintenance
1 : He submiited judgement regarding she was not driven out by matrimonial house
There is not proof of it means she left by her own decesicion.
This point is not said at the time of argument with new judge.
My point is Can I say to judge my advocate has not mention the judgement regarding what he said earlier which submitted to you.
Can say to judge I have submitted judgement of where crpc 25 of sub section 4 not granted any maintenance.
Can I say to Judge about Order of interim maintenance what he has Passed against me.
This is only because my advocate misguided me so that I GET CHANCE FOR MODIFICATION OF ORDER
