Divorce case. I applied for enhancement of maint

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

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?

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

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...

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...

My question:-

What is meant by leading the evidence?

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

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

Damayantiji,

After going through your querry twice and thrice, I am still confused on the point for which purpose the next date in the court is fixed.  Whether it is for arguments on your review petition or whether it is for bringing your evidence.

You see, you have missed a very important point to mention.  That is, whether your maintenance application is under Sectin 125 Cr.P.C. or under some other Acts.  Then again, most important question is whether the court has got review power or not under the Act in which you moved maintenance application.  If answer for this question is yes,  later on most importantly, you have to satisfy the court on the point that why the material you are trying to bring before the court were not brought at the time of passing of the order of maintenance.  If you fulfill all these requirements, then court will take up your review petition and decide the question that any enhancement of maintenance is required in the given facts or not.

Now I turn to your other querry - What is leading evidence?

It is very difficult to explain to a lay person that how the evidence will be led, as it is the most complicated part in advocate's profession and advocates through out their life try to improve this skill on this particular arena of legal profession. Any how, I try to simplify this aspect:

1.  The courts will rely only on original documents.  The photo copies without showing originals cannot be accepted by the courts.

2.  There are certain documents, whose originals may be in exclusive possession of the opposite party and the party placing them on court record has only photo copies, as in your case.  If the opposite party admits those documents, the court will allow that photo copies can be treated as "exhibits" and due to opposite party's admission, they are treated as "proven documents".  If the opposite party refuses to admit those documents, you can move appropriate application to the court seeking the direction to the opposite party to place the original documents of the photo copies.  If the court allows your application and even then the opposite party does not place original documents without showing proper reason, the court will treat the photo copies placed by you are proven exhibits.

3.  If your case is under Section 125 cr.p.c. and on the next date, the judge is asking you to lead evidence in MAIN CASE, you have to file an affidavit giving the facts of the case and also clearly describe the documents in the affidavit giving them exhibit numbers.  You have to give separate exhibit numbers for each and every separate document.

I also suggest to you to engage a most reliable advocate.

wish you best of luck,

prabhakar (Advocate-Delhi)

(M)9958670740

karlprabhakar@gmail.com  

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