Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shantanu Wavhal (Worker)     01 February 2012

Steps involved in a matrimonial case

 

Experts, please amend / provide further information.

 

 

what r the steps involved in a matrimonial case ?

 

 

1)    petitioner presents the petition.

2)    Petition number is given by the clerk.

3)    First date for hearing is given by court.

4)    On the first hearing, petitioner presents his case & if the judge feels, case is admittable, then notice is issued for respondents, specifying the date on which the respondents have to be present in the court & file their WS.

5)    Issue is framed.

6)    Trial commences.

7)    Evidences are submitted by petitioner.

8)    Petitioner is cross-examined by respondents.

9)    Evidences are submitted by respondents.

10)                       Respondent is cross-examined by petitioner.

11)                       Finally, both – petitioner & respondents are asked to submit any references / case-laws in the support of their contentions.

12)                       Judgment.



Learning

 14 Replies

Shantanu Wavhal (Worker)     01 February 2012

add between 4 & 5 the following proceedings:

Conciliation Meetings are held;

If re-conciliation meetings fail then respondent files his/her written statement
and reply to application filed under section 24 of HMA, if any;

Argument and decision of aforesaid application;

The series thereafter is correct.


... Ref. correction made by Raj Kumar Makkad sir.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 February 2012

Bingo.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

dr.pawan rajyan (member and secretory)     02 February 2012

amit,you have forget to add blank dates,judge absent,adv. absent ,summer and winter holiday, death of any bar member etc. etc. etc.

1 Like

ravindra (Analyst)     02 February 2012

gr8 work thnks

1 Like

Shantanu Wavhal (Worker)     02 February 2012

@ ravindra, 

 

there is a woman, behind every gr8 work !!

 

;) ;) ;) ;) ;)

 

Never Give Up (Fighter)     02 February 2012

Very good information !!

1 Like

Chaitanya_Lawyer_Mumbai (Lawyer)     02 February 2012

Parallely 498a trial dates will keep coming in between in this matrimonial case......

Shantanu Wavhal (Worker)     02 February 2012

Dude, 

think good ... feel good !!

Chaitanya_Lawyer_Mumbai (Lawyer)     02 February 2012

Ok......Interim Maintenance will be awarded in between.....

Sameer12345 (SSE)     02 February 2012


Exception.....

Criminal Wife cannt claim Interim Maintenance.... :)

1 Like

Chaitanya_Lawyer_Mumbai (Lawyer)     02 February 2012

How to prove that the wife is criminal when she herself is the complainant & her husband is accused in 498a & trial going on?

Many women have been awarded maintenance while 498a trial is going on.

1 Like

(Guest)

The recent judgement ( technical details will supply later) of Madras high court says even a cruel wife cannot be deprived of maintenance. This is not my opinion. While looking for the for judgements on maintenance cases, I came across this one. Will give the date, and other technical details later so that a soft copy can be obtained by anyone.

Thanks

Shreya Suhas

1 Like

Shantanu Wavhal (Worker)     03 February 2012

here i have mentioned standard set of chronological steps.

 

there may be Interium Applications & Interium Orders : 

Amendment application.

maintenance pedentelite.

child custody application.

injunction application.

the list can be extended further ....


Shantanu Wavhal (Worker)     21 February 2012

4a) normally after such filing petitioner seeks leave to file replication.


4b) On the next date - court records admissions and denials and examines party for the purpose of elucidating matters in controversy - which helps it in framing of issues. 

 

 

Ref. : Bharat Chugh - Advocate (Delhi


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register