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kunal   22 July 2015

Who leads the evidence first

Dear experts,

 

Please excuse me and explain me as I am a layman in legal proceedings.

 

I filed a RCR suit against my wife and she replied with an application for maintenance u/s 24 HMA.

 

Since it was her claim to get maintenance, her lawyer was allowed to speak first during the arguments, then my lawyer argued.  Interim maintenance granted and I paid the interim arrears.

 

However, in the RCR main suit,

 

who (me or my wife) is given the chance to lead the evidence first?

 

RCR u/s 9 HMA is filed by me.

 

Kunal

 

 

 

 

 



 5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     22 July 2015

Are U the husband? Though U have filed RCR, as the matter relates to maintenance UR wife would put forth her evidences first.The Hon'ble Court is right.

kunal   22 July 2015

Experts,

 

Please read my query first carefully. It pertains to who leads the evidence first in the main petition hearing i.e. u/s 9 HMA.  Maintenance is over now.  Yes, I am the husband.

 

I filed RCR u/s 9 HMA. I also said that I paid maintenance arrears, too.

 

Pleas answer now.

 

kunal

Adv. Chandrasekhar (Advocate)     22 July 2015

You, being petitioner.  You have to lead evidence and you have to prove desertion and desertion without intention of coming back (desertion deserendi) and s simple fact that there is no sufficient reason for her to desert you.  In return, she has to prove that there is sufficient reason for her to desert you.

T. Kalaiselvan, Advocate (Advocate)     25 July 2015

Dont get confused by posting irrelevant information while seeking information about some other topic. Your maintenance issue has been disposed why do you have to mention about it while you are asking about leading evidence to your main petition.  You're the petitioner in the RCr cse, so it becomes your duty to put forth your case and begin prosecution which will be contested by the other side. 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     29 July 2015

RCR petition filed by u so you have right first argu. and maintenance petiion filed by your wife so she has right first argu.


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