details of pro se litigant
Srinivas Kumar
(Querist) 19 November 2014
This query is : Resolved
Hi experts,
my name is Chandra. My wife had put nullification of marriage case on me. I kept some lawyer and he is not clear about the section and misleading me. So I decided to remove my lawyer and represent myself in court. This is possible with pro se process
I have some queries reg. Pro se process
1. Can I cross question my wife in her cross examination phase?
2. Will court or judge allow me to represent myself in court without any attorney?
3. Can I question my wife's lawyer also as he had kept some unnatural allegations on me?
Please clarify and provide more details of pro se litigant divorce.
Regards,
Chandra
Isaac Gabriel
(Expert) 19 November 2014
You can face the case,cross examine and argue the case by yourself without the assistance of the lawyer,provided you know the court procedures.
Devajyoti Barman
(Expert) 20 November 2014
Once can always represent or fight his own case. It is permissible.
But I would advise you to engage a new lawyer changing the new one.
Dr J C Vashista
(Expert) 20 November 2014
1. You can plead, cross-examine, depose the witnesses and argue the complaint case as respondent-in-person. Initmate the court before-hand.
2. You cannot put any question on the lawyer of complainant/wife.
ajay sethi
(Expert) 20 November 2014
advisable to engage a local lawyer for cross examination of your wife
Dr J C Vashista
(Expert) 21 November 2014
It would be better and advised(in your interest)if you engage a local lawyer and proceed.
Srinivas Kumar
(Querist) 21 November 2014
Hi Experts,
thanks for all your valuable suggestions. actually the section on which my wife went was "Section 12(2) b(iii)" of HMA which says as below.
"that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground."
Actually "marital intercourse" hasn't happened because of my wife only and she used to refuse all the time.
From the section it is very clear that "since the petioner found that the respondent was pregnant at the time of marriage and so intercourse hasn't happened.(as per section 12(1)(d))
But, i don't know how a MAN will get pregnant by some other person other than the petitioner.
Please clarify my doubt of below.
IS THERE ANY LAW FOR NULLITY OF MARRIAGE ON THE GROUND "SINCE THERE IS NO MARITAL INTERCOURSE HAPPENED AMONG THE COUPLE" ???
advocate Avdhesh chaudhary
(Expert) 21 November 2014
yes it is available under section 12 of HINDU MARRIAGE ACT. For you it will better if you change your lawyer
T. Kalaiselvan, Advocate
(Expert) 22 November 2014
You are appearing to be confused by taking a lot of things in your stride without understanding the law and properly interpreting because the sections quoted by are contradicting to each other. You can very well appear as a party in person, cross examine her, make your arguments etc but you cannot cross examine the opposite counsel because he merely represent his client and not that he has anything against you personally.
Srinivas Kumar
(Querist) 23 November 2014
Hi Experts,
Below are the only grounds available for voidable marriage.
(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
BUT, in my case none of the grounds satisfies.
Section 12 (2) (b) contains the sub-grounds to avail decree on the section 12(1)(d) which is as below.
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
Please clarify the details of the section.
Srinivas Kumar
(Querist) 23 November 2014
And the section my wife specified in the summons is 12(2)b(iii) which is IMPOSSIBLE to occur(she didn't had intercourse with her consent because she found that i am pregnant at the time of marriage)
She will get decree ONLY if she proves that i was PREGNANT at the time of marriage.
I don't understand the concept of how a MALE with become pregnant.
Srinivas Kumar
(Querist) 26 November 2014
Please help in above queries
Srinivas Kumar
(Querist) 26 November 2014
Please help in above queries
