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sirish kumar (others)     07 September 2012

Arguments procedure

 

 

i am the respondent in the divorce case, filed under 13 (ia )(iii).

evidence closed from both sides, posted for arguments. in case written arguments to be filed, who has to file first petitioner or respondent?

if they ( petitioner's) take long dates and adjournments (their gen strategy?), how to make them file first. at the earliest?

after written arguments are filed, will there be arguments in the court also (orally infront of judge)?
 
if at all the other party loses and goes to high court , then will HC goes through entire process again or only cross examination is done again? wt are the stages there? anyone enlighten me please.


Learning

 8 Replies

stanley (Freedom)     08 September 2012

1. It dosent matter who has to file first the written argument

2. you can ask for shorter dates or you can go ahead and put forth your written argument ,what matters are the grounds and the weightage your arguments have .

3. if there is no conclusion you can argue orally in front of the judge . 

MS (CEO)     08 September 2012

Experts Please advise. Even I want to know the same answers to queries that Sirish kumar has posted...

MS (CEO)     08 September 2012

Experts , please advise.Even I want to know answers to the queries posted by Mr. Sirish. If one party loses the case in family court, and files in high court, is the whole procedure(That takes more than a year to reach trial stage) repeated, or only the argument stage? What about witnesses? Do they have to appear again in high court?


(Guest)

Either party can file written arguments. Examination-in-chief and cross-examination is not done in the appeal.

 

Ashish Davessar

Advocate

Supreme Court of India*

Punjab and Haryana High Court*



1 Like

(Guest)

Any party can submit written orgument in court, IF filed orgument in written than no need to orgu in oral. But give the copy of said ogru to other party is must.

No cross examination is maintanable in appeal.

Advocate.S.A.Siddiq (Advocate)     09 September 2012

I agree with Advocate Ashish opinion... Written argument must cover the whole proceeding points..

rajiv_lodha (zz)     09 September 2012

Originally posted by : R. K. Prajapati

Any party can submit written orgument in court, IF filed orgument in written than no need to orgu in oral. But give the copy of said ogru to other party is must.

No cross examination is maintanable in appeal.

I do not agree with this point. Written argument is optional. Oral is must.

Shantanu Wavhal (Worker)     07 January 2013

Originally posted by : rajiv_lodha




Originally posted by : R. K. Prajapati






Any party can submit written orgument in court, IF filed orgument in written than no need to orgu in oral. But give the copy of said ogru to other party is must.

No cross examination is maintanable in appeal.






I do not agree with this point. Written argument is optional. Oral is must.

 

 

Experts, pl. enlighten.


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