Naresh (In search of job) 11 December 2010

Let me understand the divorce sequence of events u/s 13(1a)

Dear Ld members,

Would like to understand the proceeding in divorce case alone filed u/s 13(1)(a):

(1) Can someone explain me the sequence of procedure in divorce case filed under cruelty ground after chief affidavit is filed starting from cross examination of the petitioner till the final order?

(2) Will both the petitioner as well as respondent allowed to bring witnesses or only petitioner will bring witnesses and respond is only allowed to cross examine them?

(3) During the cross examination, if petitioner or respondent names some people for example, then will the court order's to cross those people also, before delivering the final order?

Please explain in detail, to clear out the doubts of the many members like me. Also, please tell me delaying tactics normally employed by the un-interested party. One reason could be not attending the hearing and what else can be used?

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3 Replies

(Guest)

Naresh,

1..

2.Both parties can bring wittness.

3. Mere naming persons will not make court summon. You need to request/ give intial proof and establish that the account of person of tthe event will make material difference to the case.

Ravikant Soni (LAWYER IN JAIPUR) 12 December 2010

1- sequence ---------------

# Filing of affidavits from petitioner side

# Cross examination of those witnesses

# Filing of affidavits from Respondent side

# Cross examination of those witnesses

# Final Argument

# Judgement

2-Both the parties are free to adduce evidence thru witnesses/.

3-By filing application you may request to the court for summoning any person as witness. but you must file list of witnesses at the stage of framing of issues. Otherwise it's on the court may permit you at later stage.

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dec17 (student) 17 December 2010

sir while filing affidivit is petioner is compulsory or just lawyer is enough, here while filing the affidivit the husabnd is in jail and the lawyer filed chief affidivit and obtained expartee decree for husanbd on behalf of him saying that the attestation advocate said wrongly that he was presented before him and signed .

from starting onwards the procedure went in wrong way while filing the petion the husband is not here and while fing the cheif affidivit the husband is not there and also the husband is nri and on same dates he filed for divorce

in indai on the same dates he was out of indai and here lawyer only managed

can upls say regarding the procedure clearly how it should be mainted anf if procedure is not maintained waht action should be taken for this false play