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Sandeep (Manager)     28 December 2011

Defending myself in-person.

Hi All,

I am ex-husband facing a maintenance petition for which I am defending myself in person. Cross examination is complete and I need to prepare for arguments.

Request learned members to advice me on the procedures to be  followed for presenting arguments. Where can I find some notes or handbook about the structure of the presentation and how to introduce / submit citations.  Thanks.

Sandeep



 12 Replies

mahendrakumar (marketing)     29 December 2011

it would be better to engage a lawyer for such purpose.

 

1 Like

(Guest)

as for argument, you must show that you don't have income sufficient to support yourself. then maintainance may be reduced.

 

alternatively if you show that  your wife is having illicit affair or she remarries , that also would help.

 

sec 18 of hindu adoption and maintainance act clearly states that if wife is unchaste then she won't be entitled to maintainance.

 

last but not least; consult a good lawyer.

2 Like

N.K.Assumi (Advocate)     29 December 2011

arnab banerjee, has stated well. You may be a good Orator or an eloquent speaker, but it is the statements of law based on the law of evidence that will decide your fate, so better to engaged a lawyer before your fate is decided by the court.

1 Like

Kanaksinh P.Boda (Educationist/Lawyer)     29 December 2011

There are no standard formates of drafting writen arguments. Do not worry about too much technicalities as it is not expected from you even by the Court. Use a general logic by developing each point of arguement by dividing it in to 1) Your point of argument 2) How you jusatify the point 3) Citation if any and conclude it. You may go by it while arguing your own case orally also. Best of luck.

2 Like

Sandeep (Manager)     04 January 2012

Dear Kanaksinh,

 

Thanks for your advice.

 

As respondent-in-person (husband) in FC for maintenance case, can you advice which option is better... written or oral arguments ?  What are the general pros & cons ?

If oral within what time frame ? If written how many pages/lines ?

When do Judges arrive at their decisions (in their minds) ? Is it always after arguments or even earlier ?...

Can you please throw some light. Thank you.

Sandeep

Sandeep (Manager)     04 January 2012

Dear Kanaksinh,

 

I meant to ask about pros & cons for oral or written arguments keeping in view :-

(a) currently impacting the outcome in Family Court

(b) usefulness in case of appeal in higher courts.

 

Thanks. Regards.

 

Sandeep

Chaitanya_Lawyer_Mumbai (Lawyer)     12 January 2012

Hi Sandeep,

Do not worry about procedures in FC.

Just keep all judgements & other things needed in argument handy & start talking normally ,explaining your case to the judge.

1 Like

rajiv_lodha (zz)     13 January 2012

Written arguments are always better. Papers will be on case file 4ever....will help u in current case as well as appeal.

No of pages depends on the specific details.....................on the average 15-20 pages

Shantanu Wavhal (Worker)     13 January 2012

written is good.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     13 January 2012

Make them lucid, crisp and to the point.

Oratory will go against you.

1 Like

Neha Chowdhary (Law Officer )     13 January 2012

Dear Sandeep,

Dont take so much of tension. As ur appearing in-person, u do have all rights to represent ur case.For arguments sumbit them in Written Form, u can always refer drafting book for format of the same. U can file ur arguments before the learned judge within thtime limit given to u...or within extended time limit if any.

I can understand ur situation, but be calm, dont get excited or nervous as both will effect your performance before the case. Stick on true facts and dont try to make any false statement before the court.

Dont bother about order or whats going in Judge's mind...its u only who can divert entire situation in ur favour if u have such a strong case.

Try to collect some to the point case law.make a list of them. always keep three copies of case law,one for learned court,one for opposite side and one for your ready reference. Highlight main points by Highlither and while drafting ur arguments u can give reference of those case laws...

1 Like

Sandeep (Manager)     19 January 2012

Thanks Ms. Neha & JSDN. It's been valuable and I'm following that track,

 

Sandeep


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