Framing of issues
Shantanu Wavhal
(Querist) 17 June 2012
This query is : Resolved
1. What is the role of the petitioner (Husband) in framing of issues ?
2. Does the court ask questions, clarifications to petitioner & respondent while framing of issues ?
3. Can the petitioner (husband) raise an objection on a particular issue framed by the court ?
4. Can he suggest a question to the court ?
Experts, kindly provide info. about this stage so as to prepare myself for this.
my case has reached to this stage within 5 months (earlier I typed 8 by mistake) from the date of filing & I confer all the credits to LCI.
J K Agrawal
(Expert) 17 June 2012
In practice the Court itself frame issues. This task is handed over to a clerk of the Court and he makes issues which are generally pre printed or of routine type.
But as per law issues should be framed by the Presiding Officer by consulting the parties and by going through the pleadings and the documents on record,
You will be asked hardly any thing but if you want to suggest any issue or modification in any issue, you should suggest it. The Court will consider.
R.K Nanda
(Expert) 17 June 2012
1.No role.
2.No.
3.Yes.
4.Yes.
5.Normally court directs the parties to file proposed issues and then court frames the relevant issues in the case.
ajay sethi
(Expert) 17 June 2012
draft issues are prepared by both the parties . the court on bais of draft issues tendered and after going through the case papers finalises the issues .the court aks questions or seeks calrifications from the advocates representing the parties before settling the issues .
Adv.R.P.Chugh
(Expert) 17 June 2012
1. It's for the court to frame issues on the basis of pleadings/examination under ord.10/results of recording of admissions and denials/discovery/interrogatories etc.
Issues are basically points on which the parties are at variance. on which there is a material conflict and those necessary to decide the matter in issue.
2.Yes - infact framing of issues is ideally done by the judge opposite lawyers working in a tandum - questions are put to parties to elucidate matters in controversy under O.10 before framing of issues.
3. Yes -he can but the grounds of objection should be well founded. If framed you can apply for striking out of issue or reframing it in a particular manner.
4. Certainly. Your lawyer is more equipped to do this.
Shonee Kapoor
(Expert) 17 June 2012
I agree with ld. Agarwal as per the ptactise how the issues are framed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
