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Hope Future (Fighting for justice)     12 April 2012

Can we get justice?

We were shocked to read the judgement copy. The judge gave an affirmative verdict on the false claim by the husband that the wife had caused cruelty. The judge states this was based on evidence produced in the form of husband's father. Well, obviously he would tell somthing which would protect his son!

The judge also states since the the wife could not provide the evidence her version could not be belived. What kind of evidence you can obtain in domestic matters. Also, the judge should have been fair enough to even ask the wife's father as evidence.

Also, the husband falsely claimed that the wife herself had gone to her parents house, but the fact is that she was thrown out her matrimonial (in-laws) house and then her husband absconded abroad. The judge states that no maintainence has been given to the wife as she had left her matrimonial house.

Could you please advise how we can take this up further to get fair justice to the wife? Also, what are the things which would help us in successful appeal?



Learning

 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 April 2012

Dear Querist

without facts and case detail we can not give you our best advice to you, it will be better to contact a lawyer in your local area.

feel free to call

k.chandrasekharan (advocate)     13 April 2012

Failure to produce enough number of witnesses and adduce quality evidence seems to have been the cause for this verdict. Constraints can be understood but not appreciated as cases are decided on the basis of evidence. One thing that strikes is that when the husband could bring his father as a witness, what prevented the wife to bring as many witnesses as she could.

Statement that a father would depose in favour of his son, can be a talk at home but not incourt. It is not the judge's job to direct on his own to be a witness for a party in the case. It is for the party to bring in own witnesses, or if a person having knowledge about the subject of the case, declines to be a witness voluntarily, to get issued a summons by the court by moving an appropriate application at appropriate stage.

Once the evidence on record point out that desertion has been committed by a particular party, the judge can in no way provide relief of maintenance to that party, as the principle is that nobody can be allowed to take advantage of a lapse on his/her part.

Pointed comments are not possible without full details of the case.However it is better to engage a lawyer to examine the possibility of preferring an appeal to the higher court.

Adv. Chandrasekhar (Advocate)     13 April 2012

Engage a really very good advocate for appeal.  Get the appeal prepared soon without waiting for 90 days, serve advance copy on husband and file appeal in High Court.  Two days after filing, the matter will be heard and notice is issued.  Seek stay of the operation of lower court decree/order in the appeal.  Certainly you will get the same.  Serve the notice expeditiously on the husband, so that he will not marry soon and frustrate your case.  In rare cases, in appeal, if it is properly argued that the appellant could not bring the evidence beneficial to her in the trial court and requires the opportunity, the matter may be remanded.  but it is a rare phenomenon.

Wish you best of luck.

1 Like

vijay sahni (LAW PROFESSIONAL )     13 April 2012

Please  refrain from quoting " The judge gave an affirmative verdict on the false claim by the husband ". The wife could have  also  produced any number of evidence to prove her claim. Please reconcil all documents & fresh evidence and file appropriate appeal in High Court with an learned lawyer on the subject matter.

Hope Future (Fighting for justice)     14 April 2012

Thanks everyone!

But just to state that we did provide evidences. Unfortunately I cannot share the judgement in this open forum. But the quality of the judgement has been mediocre and incomplete. Just one verbal evidence from the husband's father was given evidence and all other documentary evidence provided by us was not given heed. Yes possibly we missed out even giving the wife's family members as evidence.

But what other evidence can you have when wife is thrown out of the house but the husband says she left for her parents house on her own will. In cross the judge just ask yes/no question. She was asked 'Are you staying at parents house?' Well she would say 'Yes', but the judge would not ask 'Why' and 'Under what circumstances'.

Just heard about court/case in movies but getting the same poor taste in real life.

k.chandrasekharan (advocate)     14 April 2012

Adversely commenting on the judge or judiciary, would lead you nowhere. If at your angry insistence, your advocate is persuaded or forced to include such wild remarks, in the appeal memorandum, it may prove counter-productive.

Judges don't cross-examine. the job is that of the counsel for the opposite party. Sometimes rarely the judge asks clarificatory questions. Judges also suggest reconciliation by mutual talks. Even courtroom space is provided for privacy.

What caused the failure, needs to be probed from a strict legal approach and not from emotional angle. As you have rightly said that details can not be shared in an open forum, it needs to be discussed with your lawyer threadbare.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

If you think that there has been misappreciation of evidence, you can go in for appeal.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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