Damayanti (Unemployed) 06 February 2011

Divorce case. I applied for enhancement of maint

I want to save myself from divorce filed by my husband at any cost.

Background:

I (my lawyer) had filed application for Maintenance for me and my daughter.

Maintenance awarded for my daughter (5k) but less maintenance to me (2k).

I had asked 12k which is almost 25% of his salary.. I didn't have many other proofs..his other income etc. other wise it would be around 10% only.

Some proofs I got now and hence filed review petition on my own.

I filed following:-

1. review petition,

2. the zerox copies (bank statements, rents incomes, and TDS on bank account) and and master index page

3 Notice to admit all above facts in 2.

Next dates (after two dates):- Husband filed his response as follows

1. Say to review

2. Say to 'Notice to admit facts'

Both says are almost identical and says following....

1. It all not legal application. Notice to produce and admit fact is not legal.

2. No appropriate CPC section mentioned. review not teneble. She knew about rents but did not produce it at the time of applying for maint. (But actually he was supposed to tell complete truth about his all incomes sources.)

3. Does not have locus standi and it be dismissed for lack of merits.

4. Maint is already decided etc etc etc.

He has skipped to admit the bank statements and TDS etc etc. Also he hasn't said anything about it whether he admits or denies those bank statements, TDS, rent inward cheque payments, neiher as true nor as false. He simply skipped it in his response.

That day his lawyer started telling to Court and demanded argument immediately. But then I said that unless I study his response I can't immediately argu on it.

Then case adjourned for next date in 4th week Feb2011.

Incident that day in court:

Judge said to me as follows

(rather shouted at me, gave sermon and said 'you didn't hire adv and its wasting my time!! but when my lawyer was there it never moved an inch and lawyer worked as double-agent' towards divorce as a final aid and not to save from it. Anyways)

Judge (said to me) :- "If you want to lead your evidence I would have taken it today only' (????? This is my question. Aren't my document xerox copies+index page not evidence???)

Opposite lawyer (said to judge) :- "she is justing intensionally wasting time..her application has no merits....bla blaa (a lot of it...It was silent)

Can Any expert tell me what I have to do on next hearing date?

What is leading the evidence?

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9 Replies

Damayanti (Unemployed) 06 February 2011

I had asked 12k in total but got 7k in total as maintenance.

Damayanti (Unemployed) 06 February 2011

My question:-

What is meant by leading the evidence?

Aren't the above xeroxes etc filed by me called evidence/proofs?

I can see that only index page of it given a Exhibit's serial number as Exh. 34 (total 11 pages. there are 8 pages of bank statement which shows TDS deduction and rent inward payments on monthly basis, remitance from/to his demat acount etc, 3 page rent agreement which I took a copy from housing soc. chairman where my husband had bought flat and rented it since last 6 years, chairman called the tenant there and asked agreement copy for soc.'s records purpose and he gave me a copy!!).

What do I have to do next on the next hearing?

Atuliya (Student) 06 February 2011

Damyanti it is not necessary that if you ask for 12K, you should get 12K. The judge must have given some reasoning for the order that he/she has passed.

Whatever you have mentioned here is what you will have to again put in front of the Court on the next hearing. Bring forth the contradiction and how the husband is trying to supress facts.

If you can afford the servicesof a lawyer go to the legal Aid Cell. A qualified professional would surely do a better job than you are attempting to do [no offence intended] It is sad that your earlier experience with your advocate has caused distress to you.

Good luck to you

Ambika (NA) 06 February 2011

Why one cannot fight one's own case. I have posted a judgement where a blind person has fought his own case and got immediate order from Gauwhati high court in his favour. This is considered a land mark judgement --though in a different context.

How much time an advocate spends on reading and understanaidng the intricacies of a case, it depends on that. Marital cases may be very complicated, especially if the couple has long years of marriage. And if she is pitted with a very famous lawayer, safe is to fight one's on case than to engage a lawyer who cannot interpret her situation with a perspective.

Damayanti one has a right to fight one's own case...

Ambika (NA) 06 February 2011

Asking time to study the response is just fine, AND WHY ONE SHOULD NOT GET THAT TIME. .. Go to a good law college, if you have some freinds there,and on formal legal points take thier advice or even the departments would help you. Do a good perspective based interpretation, keep some good judgements with you and move ahead with confidence. you have so many documents to support your case...

Damayanti (Unemployed) 06 February 2011

My question:-

What is meant by leading the evidence?

Aren't the above xeroxes etc filed by me called evidence/proofs?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 February 2011

Wealth is of no use.Love is exist eternal. example: Our shadow never leaves our side. Yet it is of no use to us. How then can wealth, which can never be as much a part of our lives as our shadow be of use to us

Jamai Of Law (propra) 07 February 2011

Damayanti ji,

Answer given by Adv Prabhakar ji is the best answer given as it is enlightening to all other readers also.

Please take his advise and appoint a lawyer.

I am confused after reading all above although Your post's first line made me read it completely and also again to understand the situation.

You wrote "husband neither denied or admited the facts...but raised objection of locus standi"...then at least use it to your advantage....Adverse inference can be made to draw in your favour!!!!! unless your 'review' stuff itself is an invalid one in the first place!!!

It seems that your maint app is partly allowed ......................................right!!.................be happy partly at least.

Actually there are many other doubts also and I am curious also as you have progressed beyond 'Other side to say' stage of review (???)

Youwrote that "Hon Court referred about leading evidence"..................Are you sure about these words?.........................Was Hon Court also talking about exam in chief etc?

My belief is that...in both crpc 125 or hma sec 24 (crpc or cpc ) Maint applications don't follow stages of a full blown trial....

App + docs --> Other side to say +docs -->(Optionally discovery and inspection stages etc) --> Arguments --> Order

that's it!!

then.........Where comes the question of leadin evidence/marking it? (as in exam in chief)...Review proceedings are even shortened...and they are disposed by summary trials mostly.

Are you getting my above lines?

You (definitely) have confused the Hon Judge ...Pls don't mind about my opinion...but something went wrong dring the hearing.....but neve mind..listen to Hon Judge carefully...................Be calm for the next date and answer to the question calmly.........................Otherwise Hon Court get annoyed even more!!! This is very important for you to keep it in mind.

And hire a lawyer............... All lawyers aren't the same....Otherwise one won't be able to trust anybody in this world..............Does one stop going to doctor if a doctor makes mistake?.................example may not be correct ...but let the legal practitioner do the job...exercise your control over your case and be inquisitive...............I read many of your previos posts

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