disilva
25 October 2012 at 13:51
Sir,/Madam,
1.)Petitioner has denied on affidavit her salaried Bank account in which I used to deposit money for my daughter Voluntarily.she has also denied her employment
2.) Against my application for witness summons court finally (after a period of one year) ordered Witness summons against the Bank.
3.) Bank person who came to submit ONE COPY OF Statement of accounts, account Opening Application form , KYC Documents etc has NOT given any Copy to Me.
4.) Court has NOT taken these Documents produced by the Bank person ON RECORD as seen in the certified copy of Roznama where it is not given any Exhibit No. Only mentioned ‘BANK PERSON COME TO GIVE DOCUMENTS’ .
5.)Interim maintenance has not yet been decided but one hearing prior to last hearing Court suddenly ordered AD-Hoc Interim Maintenance along with an order for Witness summons as above .
MY QUESTION ,
a.)How do I get the bank documents of the Petitioner’s Bank account produced against Witness summons on RECORD as I thought now that the person from bank has come to give documents & it will be taken on Record. The other parties advocate was purposely ABSENT ON THE DAY DOCUMENTS WERE PRODUCED and I DID NOT KNOW THAT THE WITNESS IS SUPPOSED TO BE CROSS EXAMINED WITH RESPECT TO THE PAPERS BEING PRODUCED BY HIM . I want it to come on record BEFORE Interim Maintenance U/S 24 H.M.A is DECIDED
b.) How do I get the Copies of those Documents produced by the Petitioner’s bank as my whole argument on Interim maintenance depends on the same.
PLS PLS PLS GUIDE.
Anonymous
03 October 2011 at 11:17
Petitioner denies her bank account in which i have been depositing money regularly…..03-10-2011
Now after 7 yrs of seperation & after giving her ultimatum that i will not meet her unless she allowed me to meet my daughter in a healthy manner, she has filed a Petition for Divorce on the grounds of Desertion & Cruelty. Filed For maintenance u/s 24 HMA to the and demanding to the tune of 20,000/- p.m for herself & daughter claiming that she is not working which is not true.
My Question : My salary 16,000/- p.m
I have been VOLUNTARILY depositing 1,500/- p.m, as daughter\'s maintenance ,since the last 8 months in her salaried account in AXIS BANK including all her arrears.
They found it as a surprise that i came to know her bank account details & now after denying her work status as unemployed under AFFIDAVIT she has further denied on Affidavit & stated that \"it cannot be ruled out that the said bank account has been opened and operated by me ( Respondent) by forging her signature.
Now i have been giving her transaction details from the said account in \'EXCEL FORMAT\' which is not an authorised bank document in the\' List of Documents\'.
Since the Petitioner is denying any knowledge or operation of the said bank account by her what is the ROAD FURTHER since she cannot be asked to furnish a document which she claims is not in her possession .
Can the HON\'BLE F. Court be convinced to issue WITNESS SUMMONS TO THE BANK ??? ON WHAT GROUNDS ???. She has now removed money in cash from the said bank account through ATM & now paying the school fees of our daughter in cash which she was paying earlier through cheque of the same account .
I somehow want the transaction statement details of the said bank account to be brought on record as it contains crucial entries & i fear if i give the statement which is in my posssession they might allege forgery on me as how can her statement be in my possession.???
May i Pray to all the finer intellects to apply their wisdom in guiding me further & and such other reliefs as ur kindself may deem fit in the facts & circumstances of my case. Eagerly awaiting ur battery of replies.
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Counterclaim to get divorce on my grounds how ?
How to file Counter claim after Issues have been framed
ISSUES have been Framed on my LAST date 25-10-2013 AND ORDER REJECTING MY WITNESS SUMMONS APPLICATION and….
Next Date is 06-01-2014 kept for Leading evidence and List of documents( IN PROCEEDINGS against the Petitioner's petition seeking Divorce from me and Maintenance for her and child under 24 HMA)
I am interested in the Divorce more than her... But On My Grounds...
INTERIM MAINTENANCE STAGE ..BYPASSED AS FOLLOWS...( NOT IN MY FAVOUR AS FOLLOWS )
1. 1st Perjury COMITTED by Petitioner
Petitioner has come to the court with Unclean hands by denying her Employment and Saving Bank account No.1 On AFFIDAVIT...I got her bank Documents in the Court through Witness Summons. But on the Same date when Witness summons were issued, she Got ADHOC Interim maintenance passed in her favour since the matter for interim maintenance got delayed for more than 2yrs....(06-08-2012)
2. ( LAST TO LAST DATE 14-10-13)...2nd Perjury by Petitioner
Petitioner wife left the old job and she AGAIN denied On Affidavit that she is not in service against my appln for production of Documents with regards her new employment and against direction by court to file her affidavit of Not in service...2nd Perjury
3. Along with this Affidavit, on the same day, she filed an application Stating HER INTERIM MAINTENANCE and other pending applications b heard simultaneously and expeditiously along with the petition to meet the ends of justice.
HON,BLE COURT filed this application as not pressing for her interim maintenance at this stage... AS READ AND RECORDED . HE DID not take my SAY ON THIS APPLICATION.
4. HE REJECTED MY WITNESS SUMMONS APPLICATION FILED ON THE SAME DAY ...TO HER NEW BANK WHEREIN HER SALARY WAS BEING DEPOSITED WITH RESPECT ...TO HER NEW EMPLOYMENT WHICH THE PETITIONER HAD DENIED ON AFFIDAVIT THE SAME DAY.
Hon,ble Court took her SAY on my Witness Summons Application ....wherein she stated its a frivolous application and that MATTER b kept for Issues cause i will get the opportunity at the trial stage.
My question.
1.) IS IT NOT AGAINST PRINCIPLES OF NATURAL JUSTICE THAT ...MY SAY ...OPPOSING HER APPLICATION should have been taken by the Hon,ble Court in the first place before passing an order on the same to avoid Matter from being kept FOR FRAMING OF ISSUES without my say on the same specially when a Perjury application is pending with respect to her first denial of not in service ..(refer Para 1 )
2.) How can i file my Counter claim in the same suit to get divorce on my grounds NOW THAT ISSUES HAVE BEEN FRAMED... (PLS quote Order and Rules if possible.)
pls pls pls .... tell me that there is a waY out...like ammendment …additional issues ...or anything and how ???
3.) Should i file a WRIT petition against the order which was passed rejecting my Witness summons application and without giving me a chance to give my SAY on her application to hear all her applications simultaneously..
4. AN INTERIM MAINTENANCE ORDER TAKING INTO ACCOUNT HER PERJURY ETC ...WOULD HAVE HELPED ME GETTING HEALTHY ACCESS OF MY DAUGHTER WHO IS NOW BRAINWASHED AND WHOSE CHILDHOOD PHOTOS WHICH ARE PRICELESS MEMORIES I DO NOT WANT TO FILE IN COURT.
THAnks in advance.
Pls guide.