Self pleading
Abdul Basit
(Querist) 09 May 2012
This query is : Resolved
Sir,
Please guide me as to how I can defend myself , myself in a lower court in J & K. Any resources/ links/tips on this site?Please be kind enough to provide. On a maintenance petition, after 06 months the court in April, 12 ordered interim to the Petitoner ( Ex-wife ). I developed mistrust in my laywer , who absented on important hearings and when present did not respond when Opposite counsel's or the Judge's argument needed an immediate submission.In the next hearing,I moved an application for permission to defend myself, myself henceforth. The Hon'ble Judge allowed. I did not know it was day for cross-examination. First, the counsel of the Petitioner asked her (Potitioner)some questions. Both Qs & As were recorded on about half a page.Then her counsel asked me to question her and I questioned her till about 2+1/2 pages were written of Qs & As. Then the Hon'ble Judge said "that is enough". People said , He was much impressed. In fact my earlier counsel could not have cross-examined her like that. Now what would have to be done in the next hearing at the end of this month.
With regards,
A.B.H
ajay sethi
(Expert) 09 May 2012
is your wife working? if so you cna make application to court calling upon her to produce her income tax retruns
it is better to appoint another lawyer
Shonee Kapoor
(Expert) 09 May 2012
Get the certified copies of the cross and go to a lawyer, if he is also as enthusiastic about your efforts as you are. Then you can proceed yourself.
I am all encouragement for fighting matrimonial cases as Party in Person, if you can master some basics of law.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Abdul Basit
(Querist) 10 May 2012
Adaab and Thanks Mr. Ajay & Mr. Shonee. She is a graduate but not a working lady.Please suggest the resources/links about such basics of law in the Indian context. There are resources about 'steps in judicial process or lawsuit' on the web, but they are from Westrn world. Is there any helpful page on this site?
Moreover, is it a civil case or a criminal case? She has booked me under Sec 488 of J&K CRPC for seeking maintenance as my wife while she is divorced about three years back. After the expiry of the waiting period (03 menstrual cycles), the case was admitted by me in Registered Qazi's shariaet court who held the hearing on 9-01-2010 and confirmed the occurrence of divorce for which I have witnesses from the Senior members of the locality and the Mohalla Committee.
We have a 7+1/2 yrs' old son who lived with her here in my house till his attain-ment of the age of 7 years on 18-10-2011 and left her and joined me in my house where She is now living separately since few months. Before that I used to spend and care for both as I used to do before divorce. The main issue is that she is not leaving my house despite divorce. So to further her stay here, She took recourse to the Court hiding the Divorce and events thereafter, but now I have highlighted those in the Court through her Cross-examination which I can substantiate through witnesses. Shall I myself produce witnesses in the Court on next hearing or the Court Will summon them.
With regards
V R SHROFF
(Expert) 10 May 2012
U can yourself bring Witnesses, but after her side Evidence is closed.
It seems Only One Witness from Persecution side [your wife] is examine
After closure PURSIS FRON HER SIDE THAT YOUR WITNESS SIDE WILL START, BEGINNING WITH YOU, WHEN U NEED YOUR ADVOCATE TO CHEIF EXAM YOU.
Keep a Good Advocate.
You cannot escape maintenance payment of children.
If she is working, u don't have to pay for her, but prove it.
I congrates you for good cross.
As interim order passed, which is not appealable, she will now prolong this trial.
Final orders are appealable.
Your amt of income is vital point, to determine total mtn payable.
Your Property is a Vital for DV Residence order.
Even Divorced wife is a "WIFE" IN THE EYES OF LAW. LEGAL DEFINITION. Entitles her Mtn .
Abdul Basit
(Querist) 11 May 2012
Thanks Mr. Shroff. She is not a working lady, as mentioned above.My son is with me and I maintain him myself.Isn't Muslim Personal Law applicable in this case? Moreover, is Sec.125 of CRPC, promulgated by Govt. of J & K.
One more point.Why is not the Interim Order appealable. Infact the Hon'ble Judge told me that i can have appeal against that, when I submitted that due to mistakes and omissions by my earlier counsel, some incorrect deductions have been made, which have led to passing of the Interim Order.
