Argument stage started but ia is pending...
Guest
(Querist) 20 December 2014
This query is : Resolved
I'm contesting the divorce petition filed by wife.
During the evidence stage petitioner sumoto submitted her own Out-Patient ticket from a govt. hospital claiming it tobe Medical Report to prove issue (A).
Later, the petitioner filed IA requesting the court to send the petitioner to medical board for medical report to proved the same issue (A).
So, the respondent objected the above IA saying the already submitted Out-Patient ticket should be disproved by examining the doctor before sending the petioner to medical board.
The court allowed the objection of the respondent, and the order says that the IA will be allowed only if the Out-Patient ticket is disproved by examining the doctor who issued the Out-Patient ticket.
Now, the examination of all parties including the doctor has been completed, and the argument of petitioner is going on.
a) When will the IA be decided?
b) The petitioner is not talking anything about the pending IA during the argument. So, should the respondent request the court to decide the pending IA?
c) or Should the court sumoto decide the pending IA after the argument stage of both parties but before prouncing the jugement?
Devajyoti Barman
(Expert) 21 December 2014
Now final argument is going on and hence there is no chance of allowing the IA anymore. Concentrate on the argument right now.
Court would surely dismiss the IA before passing the decree.
Rajendra K Goyal
(Expert) 21 December 2014
Agree with the expert Devajyoti Barman ji.
ajay sethi
(Expert) 21 December 2014
court while passing order decide the IA
ajay sethi
(Expert) 21 December 2014
court while passing order decide the IA
Dr J C Vashista
(Expert) 21 December 2014
Prima facie the IA is filed to unnecessary drag the case, harash the respondent husband and kill the time.
However, during the course of arguments, contents of OPD prescription and its relevancy to the case, should also be discussed/argued, so that it may be convenient for the court to decide the IA.
T. Kalaiselvan, Advocate
(Expert) 25 December 2014
Well advised by experts. The court may decide about IA first and then pronounce judgement after hearing the arguments of both the sides.
