Damayanti
13 February 2016 at 19:31
Cross Exam. New Allegations in Evidence in chief of plaintiff.
New allegations are ridden with half truth but are grave due to the half truth apparently.
Respondent first raises objection to those new allegation in exam in chief affidavit.
Court says. "Evidence pertaining to pleadings /framed issues only be read" in evidence even if affidavit contains new allegations.
Thereafter, Respondent goes ahead confronts petitioner as to those allegations and takes denial on record, but while asking those question the respondent has to first admit to the first half truth and then go for 'confession and avoidance'
New judge got appointed thereafter.
New Court passed judgment saying asking questions in cross on those new allegations caused to bind the respondent, hence judge can't ignore those allegations and can't call them "traveling beyond pleading" anymore.
Is it in contravention to
pleading - say - framing -burden - evidence flow of fact finding?
Respondent asked those question in view to weaken the testimony of plaintiff.
Even if plaintiff had pleaded those allegation right from beginning, respondent never had any discomfort in answering to those, but at least respondent would have got opportunity to answer them in its entirety.
Please advise.
Dr g balakrishnan Sir,
Doesn't that amount to a inserting new 'cause of action' or 'amendment to pleading' by the Petitioner but without giving opportunity to Respondent to reply?
Judge passed judgment soly on that point
our contention is that 'had the petitioner pleaded that allegation right in the beginning, respondent had no hesitation to respond to it in detail wherein he would have exposed the half truth of plaintiff (half truth is more dangerous than plain vanilla lie).
But this sudden new allegation not only surprised the Respondent but he was deprived to answer it properly.
Is it not a back door channel to amend the pleading also not giving opportunity to respond (against the principles of natural justice)
Plaintiff's hands were not tied to plead leave of new addition and then again going through the pleading - say - burden assignment exercise.
Whole procedural flow is bypassed here.
How to put it concise words?
Please advise.
Damayanti
31 January 2016 at 18:35
Family Court Appeal - can I only file Appeal memo and Copy of Judgment?
Can't I ask exemption to file the ENTIRE compilation and only file 113 pages as mentioned below?
Is it not repetition to give same copies to opposite party again?
Can't I ask to call R & P?
Will this cause my Appeal not get registered?
Please help !!!!
(filing of remaining 506 pages seems sheer waste)
I am aware that, Along with memo of appeal (synopsis index list of docs etc) I have to file .....
Index = 2 pages
Synopsis = 15 pages
Memo of Appeal = 20 pages
Address Memo = 1 page
VP/Appearance Memo = 2 pages
Affidavit for memo of Appeal = 2 pages
Interim Application = 4 pages
Affidavit for Int. Application = 2 pages
List of Documents = 4 pages
Judgement+Decree being appealed against (38 + 23 = 61 pages)
(Total : 113 pages)
But along with above the 'list of docs' becomes as follows:-
1. Judgement+Decree being appealed against (38 + 23 = 61 pages)
2. Petition + Written Statement (21 + 44 = 65 pages)
3. Evidence Affidavits and & Cross Exan of witnesses both parties. (which are nearly 15 Nos around 200 pages)
4. Documentary evidences (around 35 pages)
5. Final Written Arguments (2 Nos around 40 pages)
6. And other exhibits the interim decisions of which are also to be challenged in Appeal (around 60 pages)
7. There were SOME compromises made by parties on a certain issue and thereafter volte-faces by both side (30 pages of consemt terms etc)
8. Rojnamcha of Suit (78 pages)
Total: 61+65+200+35+40+60++30+78 = 567 pages.
Can I get exemption from HC?
Damayanti
16 January 2016 at 19:59
While drafting an appeal for a person who lost RCR case filed against him by his wife, in SYNOPSIS of Appeal if I again "repeat" the same story which was narrated by wife in her Original petition, then is it not hampering/dampening the case of appellant?
I want to start (list of dates/events) and re-shape the synopsis in such a way which would tell 'his' story and not 'wife's story' again i.e. from the 'date of filing of RCR petition' by his wife and events thereafter and 'what caused him to lose his case and infirmities in decision'
Grounds are drafted concisely.
But there is confusion over contents in Synopsis (which starts from of fate of separation of spouses' and thereafter the 'date of legal notice' and 'date of appearance' in court)
My senior (who does not practice in HC) raised this objection that synopsis should start from 'date of marriage' and also should include the period of 'cohabitation as well'.
I am struggling to exactly understand how to draft synopsis in this case.
Can anyone please provide me with a draft/sample docket of Appeal in Family Court Appeal in BOM HC.
Thanks in advance.
Damayanti
11 January 2016 at 19:20
Info on Maharashtra Family Court precedure requested.
After the case got disposed what is the procedure to get back the the vital Original documents, Certificates, original articles, photo album, camcorder (although very outdated now! but recording of some ritual was done using the same and and recorded old cassettes could be played using only that camcorder and its sockets nolonger working!)
Does it need to file a new suit for this or misc application in family court.
I am told so far to wait for 90 days and that after 90 days one may get it back upon applicatio made in that context.
But at the time when those originals were produced additional set of photocopies of the same or photos of the same was ALSO given to Court (apart from a copy given separately to opposite party) and those photocopies are already given some numbers as Article NOS. and are kept in custody of Nazar.
Please explain me the procedure to get my Original records. all of them. (even in the documentary evidence I have filed Original although previous expired passports to showcase the dates of travel etc BUT one visa is still valid for next 1.7 years and I need it back although I have new passport but without the entry of that visa which is still valid.)
And my original albums as well and other articles and employment letters etc.
Do I need to file these by Civil misc application for return of my things in 'filing section' of Family Court where suits etc are filed?
Does that require to give notice to opposite side?
Would court schedule any hearing whether it is to be returned and when?
Some part of Original evidence is also required to challenge in Appeal as NOt all prayers are allowed and some although had merits are dismissed (especially streedhan. hence video clip at the time of wedding is relevant I need to produce it before High Court.)
Please please help
Damayanti
28 July 2015 at 22:01
Subject: Court records maintained in files types A B C ... (maharashtra.judiciary))
Hi All,
In civil courts and family courts , for each suit, the records of Exh. is maintained vide its categorization such as 'File type A', 'File B', 'file C' and 'File D' etc (as I am told by staff in Court)....
Please give me the basic information on the same. (which chapter in civil manual?)
Context: The suit is yet pending and some exhibits (and its contents) are imported into "exam in chief affidavit" (to avoid repetition, else the "exam in chief affidavit" would have become bigger due to hundreds of pages) ....
But today bench clerk, in family Court, sent only the "exam in chief affidavit" of my suit for 'File C recording' .... but other exhibits (contents of which also ought to be part of exam in chief) are not being categorized as 'File C'.
To elaborate it further in detail, .... the "exam in chief Affidavit" states as follows that ....
"Each and every averment/statement made in Exhibit ____ etc also be treated as part of this Exam in chief Affidavit" (and that Exhibit ____ is of 36 pages)
Hence my fear is that those Exh may get destroyed after some time unless Exhibit __ is also categorized as 'File C' (I was told that records categorized as 'File D' are destroyed after 6 months of the final decision/disposal of suit/judgment /decreee etc)
Hence Please enlighten me about the same
I tried to understand Civil manual but did not understand it frankly (which chapter to read???)
Thanks in advance
Regards
Damayanti
07 August 2014 at 20:02
I am taking cross-exam of petitioner(husband) himself on behalf of his opponent respondent- wife in matrimonial suit.
Surprisingly he first adduced exam in chief affidavit (50 pages) and sworn it by going into witness box before judge.
this affidavit was given exhi. no. 63
But just before cross could start(during hearing in next month) the husband (petitioner) again additionally testified by standing in witness box as to some documents (many e-mails) purported to have been written by him and printouts of which were already filed using a list of docs.
AND ALSO the replies received to those E-mails.
IMPORTANT QUESTION: replies were obviously sent by wife i.e. my client!!!
(but can he bring those replies as documentary evidence on records?)
Judge gave Exhi nos 64, 65 to those email print outs.
Thereafter, below the SAME typed document (dictated by judge) cross exam related answers etc etc are typed.
NOW, my question is that above document which comprises of answers given in cross exam .... should it be given a NEW/SEPARATE exhi no?
I wanted the certified copy ONLY the cross exam part (so far 11 pages) and also of further cross exam that would be conducted.
Exam in chief affidavit comprises of 50 pages!!!!!
on every adjournment for further cross my client CAN NOT afford to get entire copy of exam in chief and the appended cross exam....
My client/I want only that part of cross exam which is incrementally being recorded on each hearing date.
BUT NAZARAT section started insisting to PAY for entire exhi.no 63 (i.e. 50 pages + cross exam pages so far around 11 pages)
I want certified copy of only those 11 pages.
I had already obtained cert copy of those 50 pages earlier. and I do not want pay for that again.
Is it allowed to asked cert copy of only those 11 pages?
And is husband allowed to introduce documentary evidence of email replies received by him?
thanks
Damayanti
07 July 2014 at 20:05
Final Operative Order vs Final Judgment & Order.
Does Final Operative Order get separate Exh. no.? like the final judgment & Order?
Operative order has not been alloted any exh no. then where does it go?
It wasn't attached to main petition and also there is no mention as to the operative order into the roznama!!!!
hence it is NOT supplied along with certified copy of main petition!!!!
Operative order says ... "no orders as to costs"
Detailed order slaps "the cost to opposite party"..... which one to be taken as true?
If dates are different for the above two then which one is true as to cost?
since it was misc petition decree would not be drawn.
please help . what is correct procedure?
Damayanti
01 July 2014 at 21:42
continuing tort & judicial misconduct .... interim order
Judicial misconduct culminated into a perverse Interim order which is hurting the litigant every moment as it is very much operative, and suffering wrongful losses continuously thereafter.
Does judicial misconduct and resulting perverse order become a continuing tort?
My query is as follows:
What is the definition of continuing tort?
Does any blatant act of Judicial misconduct causing injury to legal rights & fundamental rights of litigant and thereby causing wrongful loss and injury as well as (continuous harrasement just like subsisting trespass to his property, liberty and rights and) mental trauma to litigant due to perverse and operative order passed in result of blatant judicial misconduct.
if the litigant wants to sue the STATE for judicial misconduct, then does the limitation period start from the time when judicial misconduct became exposed
OR
in above case does the limitation period keeps tolling as the perverse order which is culmination of judicial misconduct is hurting the litigant every moment thereafter and his agony is continuous and in fact increased thereafter in lieu operation of the same perverse order i.e. a symbol of mscarriage of justice!!!!!
If aforesaid instance happened in such proceedings which are not appealable Orders under CPC, BUT since the same Order can be challenged during final appeal or revision after conclusion of suit, ....
Please reply.
Aggrieved Party was severely threatened by the Judicial Officer not make "pursue/follow up" the 'judicial misconduct' and was actually asked to give up on that front else he was told that his case would be spoiled, .......... and by now the limitation period for even filing a suit for damages is elapsed but the trial suit is still going on .... and that perverse order which was a result of judicial misconduct is not in-operative as yet.
Damayanti
29 June 2014 at 20:22
In the writ Petition under Art 226 to redress the fatal breach of fundamental rights (Art 21 and 14) by the state functionary and also judiciary, .... Is it allowed to demand the damages and compensation for the injury caused and harm to physical and mental trauma psychological injuries etc.??
OR
Would the HC ask the petitioner to file civil suit for damages?
Is it proper for HC to say that HC would only deal with breach of FR and damages should be dealt by the civil court?
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Family court appeal before bom hc.
Family Court Appeal before BOM HC.
Please please somebody give me format at least some template (which causes ZERO objection right on the day of filing of the same)
Its all stuck in objections.
I cant pay mumbai lawyer from my pocket for my client. The party is really poor. I am doing for her two small kids(husband abandoned all of them due disability in one child)
There are more objections raised as to format of FCA (I tried to draft it like a Civil Writ Petition that we had filed at BOM HC) .......................... even prayer (I can't believe this. Form 90 in Original side rules inBOM HC does not prescribe prayer!! then where to assert the relie sought?)
I don't want to go wrong. there are already many problems and intricacies in her case (lack of proper handling of her case has really caused her destitution)
So far I have filed only CRAs vide Art. 227 against some stand alone orders(only maint orders) which got over in 3 or 4 hearings (unfortunately many got dismissed in limine)
Please help