Appellant is not advancing final arguments

Shantanu Wavhal (Querist) 01 February 2014 This query is : Resolved
my petition under HMA sec. 11 r/w sec 5 (i) allowed.

marriage declared null & void.

wife failed to prove that her earlier marriage was dissolved as per custom.

she filed appeal.

R&P, paperbook etc. formalities completed.

the case is for final hearing.

Bombay HC directed the District court to conclude the appeal as per sec. 21 B.

appellant is NOT ADVANCING FINAL ARGUMENTS

all the time they keep telling this / that reason to delay the case.

kindly suggest remedy.

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Guest (Expert) 02 February 2014
Even 1958 cases are still pending in Court.Might be she is looking for reunion.Talk to her and sort it out.

Thyagarajan (Expert) 02 February 2014
I agree with Expert Mr. Narasimha. If you are in talking terms to her try an amicable solution for re-union or otherwise.Try. It is better than running up and down the courts.

Shantanu Wavhal (Querist) 02 February 2014
she is demanding 1 lakh rs.
i m not gonna pay her just a single penny.

she has cheated us.

Guest (Expert) 02 February 2014
Author Mr.Amit your self had replied several querists for many yrs and today's post is related to whom

Biswanath Roy (Expert) 02 February 2014
File an application for speedy disposal of the case with the averment that the Appellant adopted delaying tactics to prolong the case for an indefinite period to harass the defendant from getting justice.

Shantanu Wavhal (Querist) 02 February 2014
infact, on the previous date, the judge sahiba herself said that wife is trying to delay the case !

ajay sethi (Expert) 02 February 2014
if Appellant is not advancing arguments draw attention of court to dilatory tactics adopted by Appellant . request court to give your wife last chance to advance arguments .

Thyagarajan (Expert) 02 February 2014
Oral arguments are usualy based on written ones in final stage of the case.
Have you filed yours?

Shantanu Wavhal (Querist) 02 February 2014
i m respondent.

as per my lawyer's version, the Appellant has to advance her arguments first.

is that correct ?

Thyagarajan (Expert) 02 February 2014
Petitioner should have given copy of her appeal petition to your advocate. Has he filed a counter on behalf of you?

Shantanu Wavhal (Querist) 02 February 2014
i have received the copy of appeal memo.

nothing intimidating appears in the appeal memo.

lower court has given a well reasoned judgement on her failure to prove customary divorce.

also in the appeal case, her application to adduce additional evidence O41 - R 27 is rejected.

Rajendra K Goyal (Expert) 03 February 2014
Take up the matter and prey the judge to give final chance to appellant to proceed for arguments.

Thyagarajan (Expert) 03 February 2014
Your advocate should have filed a counter to her appeal petition.Without that judge would not have put the case for arguments.
check with him

Shantanu Wavhal (Querist) 03 February 2014
counter to her appeal petition - NOT FILED.

judge HAS put the case for arguments.

Thyagarajan (Expert) 03 February 2014
The action of judge seems strange.
Wait for senior Experts views on the matter

T. Kalaiselvan, Advocate (Expert) 04 February 2014
In appellate courts, the appeal can be taken straight away for arguments without insisting on counter on such cases. There is no legal infirmity in it. Pointing out the appellant's dilatory tactics, your advocate should signify before the court that he is ready to proceed with the arguments should the appellant is not utilising the chance. He should pressurise the same in the open court.

Shantanu Wavhal (Querist) 04 February 2014
infact, on the previous date, the judge sahiba herself said that wife is trying to delay the case !

Appellant is not advancing final arguments

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