Anonymous
09 September 2019 at 17:44
Wife has filed divorce petition on cruelty ground under Hindu marriage act in family court by giving power of attorney to her father. In Mediation proceeding, Her father appeared but wife did not appear for mediation as wife was not present in India. So. Husband has filed an application to seek mediation with his wife in Family court. But, the Family Court refused the application filed by Husband and not granted the application . Then, Husband approached to High Court by filing a review petition against the order of th Family Court and to stay the proceeding of the Family court. Now, the problem is that, the proceeding in high court is very slow and the proceeding in the Family court is faster than the High Court. The stage in Family Court is evidence of petitioner (wife). There is no meaning to approach to High Court if the Family Court announce its order earlier than order of High Court. My question is that Can Husband file an application to stay the procedure of the case in same Family Court until the review petition not decided by High Court? What other remedies are available in this case?
Anonymous
01 September 2019 at 20:14
The petitioner is not in India and never appeared in Family Court of India. The petitioner has filed a divorce case on cruelty gorund u/s.13(1)(ia) of Hindu Marriage Act through her power of attorney holder father. Her father has appointed Advocate according permission given in power of attorney give by petitioner. Now, on the stage of petitioner’s evidence, petitioner’s father has presented chief examination and evidences as a petitioner’s witness (PW2) without prior appearance in court by petitioner according to Order 18 Rule 3a of C.P.C, without obtained permission from court by petitioner himself according to section 32 of advocates act and without submitting the list of witness by petitioner according to Order 16 of C.P.C.. The Court has recorded chief examination and evidences given by petitioner’s father as a petitioner’s witness. Now more than two years has passed from beginning of petitioner’s evidence stage, Although Petitioner herself does not appear to present his own chief examination and evidences before court.
Question: Can respond file an application according to Order 17 Rule 3(a) of C.P.C. before the Court for proceed to decide the suit forthwith because petitioner fails to produce evidence her evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit?
Law Querier
20 March 2018 at 22:11
A petition for divorce under section 13 (1)(i a) H.M.Act, Cruelty is filed by the power of attorney holder of a petitioner wife without obtain court permission and court admitted the petition. Petitioner sife has not signed the plaint and does not given her affidavit on plaint. In mediation centre the power of attorney holder is appeared behalf of the petitioner wife. When respondent husband raise objection about this, the court has denied his objection application. Also, the chief-examination on oath (affidavit) and documentary evidences is given by power of attorney holder of the petitioner wife. The petitioner wife is never come in court during proceedings and never examines the petition on oath/affidavit. Unfortunately, the respondent could not raise his objection for exhibiting documentary evidences and chief-examination given by the power of attorney holder in court at that time, and the court has exhibited documentary evidences and chief-examination given by the power of attorney holder of the petitioner wife. Now, the respondent husband wants to object after the chief-examination and documents evidence given by the power of attorney holder of the petitioner and after exhibited those by the court. The next stage is cross-examination of the petitioner side.
1. Can respondent raise objection after chief-examination and documentary evidences given by the power of attorney holder but not by the petitioner?
2. Can respondent raise objection though the chief-examination and documentary evidences are exhibited by the court?
3. Can respondent file to an application to discard the chief-examination given by the power of attorney holder?
Law Querier
15 March 2018 at 20:02
Can respondent file an application for rejection of plaint u/O.7 R.11 of C.P.C. after the stage of chief-examination of the petitioner side and before the stage of cross-examination of the petitioner side?
Law Querier
09 March 2018 at 08:25
1.Earlier an application of rejection of plaint under Order 7 Rule 11 of C.P.C. has been rejected by family court. Can a party file again the application of rejection of plain under Order 7 Rule 11 of C.P.C. with new different grounds/reasons/cases which was not mentioned in earlier old application?
2. Does an order rejecting the plaint under Order 7 Rule 11 of c.p.c. is Revisable or Appealable in High Court?
3. What is the time limit to file Revision and Appeal in High court against family court order on application filed under Order 7 Rule 11 of C.P.C.?
Law Querier
06 March 2018 at 10:42
Marriage is solemnized and registered in india according to the Hindu marriage act. Earlier the petitioner got ex-parte divorce order from foreign country which is not accepted by respondent because it is not according to Hindu marriage act and Indian law. Then, again petitioner has filed divorce petition under Hindu Marriage act in cruelty ground in India.
Que: Can a party file divorce petition in India again, when earlier he/she got divorce order from foreign country?
Law Querier
27 February 2018 at 18:49
what is the punishment/penalty charged to me if I file perjury application against the person in family court and my perjury application will not be proved by family court?
Law Querier
26 April 2017 at 08:38
Wife is petitioner. Husband is Respondent. Petitioner lives in foreign country. Respondent lives in India. Petitioner filed divorce petition under cruelty ground through power of attorney holder in family court, India. There is no signature, verification and affidavit of petitioner herself on divorce petition. But, it is made by power of attorney holder. Petitioner never appeared in court till date. Family court has also not called petitioner. Respondent filed his written statement. The Issues are framed. Now, on chief-examination/evidence stage, petitioner did not appear in court to give deposition/chief-examination/evidence. But, her power of attorney holder has given deposition/chief-examination/evidence. The family court has accepted and recorded the deposition/chief-examination of the power of attorney holder of the petitioner and in rojkam (Roznama) court writes that the next stage is cross-examination of power of attorney holder.
Now, Respondent wants to take objection for deposition/chief-examination given by power of attorney holder because this is matrimonial matter and cruelty is personal in nature and power of attorney holder cannot depose about the facts which are in personal knowledge of petitioner.
1. But, some advocates advice that to take cross-examination of power of attorney holder and prove that he has no personal knowledge about the case. Is it advisable?
2. If respondent wants to take objection about deposition/chief-examination given by power of attorney holder Whether he object in same family court or approach to high court directly?
Law Querier
02 March 2017 at 09:54
A Hindu Marriage divorce petition against the petitioner under cruelty ground is filed through power of attorney holder of the foreign resided petitioner. The divorce petition is not signed, verified and affidavit on oath by the original petitioner but it is signed, verified and affidavit on oath by the POA holder of the petitioner. The advocate is also appointed by the POA holder of the petitioner and the vakalatnama is also singed by the POA holder of the petitioner. Then after, the respondent filed written statement. But, the respondent has not raised the objection in his written statement about the non-maintainability of the divorce petition as it is not verified and affidavit on oath by the original petitioner. After that the issues has been framed and the case is on petitioner’s evidence. The petitioner is going to file her evidence on next court date. Now, the respondent wants to raise this objection of non-maintainability of the suit now.
1. Can the respondent file the application to dismiss the suit now as the divorce petition is non-maintainable though the issues has been framed by court and the stage is on the petitioner’s evidence?
2. Can the respondent amend the written statement and mention the point of non-maintainability of the suit in his amended written statement at the stage of petitioner’s evidence?
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Want more examine of witness of new facts
In a divorce case, a respondent has cross-examined of witness of the petitioner. After cross-examination taken by respondent, he mentioned to court that the cross-examination of the witness is over and the court typed that cross-examination of the witness is over. Now, the respondent wants more examine the witness (of the petitioner) about new facts.
Question: Can respondent more examine the witness (of the petitioner) about new facts though he mentioned to the court that the cross-examination of the witness is over? If yes then, How?