Judge at fault
rajiv_lodha
(Querist) 26 March 2012
This query is : Resolved
In my case, I applied for Divorce on cruelty grounds, girl submitted sec 24 on 1st hearing, we filed reply to sec 24 in next hearing. Judge started mediation himself for following 3-4 months. Then sent the case to Mediation Cell. After 3-4 more months, failure report came back from Mediation Cell. Judge mistakenly proceeded in a wrong way with the case. He “framed the issues” in last hearing & put a long hearing date after 6 months, which happened to be on 17/3/2012, judge transferred meanwhile & the new one was on leave that day. Now where has gone:
1) Respondents reply to my petition
2) My rejoinder
3) Sec 24 arguments/verdict?
Its all confusion as the previous judge erred when he framed the issues without digging the case file.
How to proceed further so that I may put at least my REJOINDER
Deepak Nair
(Expert) 27 March 2012
Follow up with your lawyer. It is difficult to comment unless the details are known.
R.K Nanda
(Expert) 27 March 2012
Go as per advice of ur lawyer.
Shonee Kapoor
(Expert) 27 March 2012
Does that mean the pleadings are not complete.
You check the ordersheet, there might be an order to complete the pleadings before next date.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
venkatesh Rao
(Expert) 27 March 2012
You have engaged a counsel who will definitely guide you properly.
rajiv_lodha
(Querist) 27 March 2012
I may sound strange, but it has happened. There were no pleadings. I have obtained zimni orders date by date.
My lawyer has tendered application under order 8 in last hearing. Opposite party has inserted an 8 page reply by hook or crook. This buch of papers does not have any marking nor its supported by any zimni orders of the like.
Opposite lawyer has planned his reply to our rule 8 as
1) We have given reply on so so date, how come its zimni orders/court markings are not there...... is not known to us. It may be a human error indeed!
2) The fact that case has reached to the stage of "issue-framing" itself shows that our reply is on record. See the things as human-error on the part of court staff/earlier judge.
So dear experts............i am stuck here. Next date is 4 days away. What is the best move ahead! I think the new judge will not admit the fault of his outgone colleague
Shonee Kapoor
(Expert) 28 March 2012
No mushqil, get the certified copy of the reply and file a rejoinder.
Tell the new judge there must have been some error as the pleadings are still not complete.,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
rajiv_lodha
(Querist) 30 March 2012
1) Pleadings are necessary before "isuue framing" in divorce case? Are these pleadings reflected invariably in ZIMNI-ORDERS? Coz in my case, no specific date for pleadings is given in any of teh zimni orders
2) Being respondent in her sec24 application, can self cry that -- decide sec 24 first. Or better keep mum with the issue.
P.S: She is bound to fail in sec 24 as she joined govt job earning 40k/m few months ago
Shonee Kapoor
(Expert) 30 March 2012
Yes, pleadings are necessary before issue framing. Issue Framing happens on the basis of pleadings only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
