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Rimi   18 October 2017

Help needed in argument for party in person

Respected lawyers,

I am appearing party in person for my maintenance case which is at argument stage. Due to the financial reason, I could not do my argument for 3 months. Now I have decided to appear in court myself to do my argument. I have drafted a copy.

I will be highly grateful if someone guides me with the draft and correct my draft. 

 

With regards

Rimi



Learning

 8 Replies

Vijay Raj Mahajan (Advocate)     18 October 2017

Send draft copy as email attachment to me. Also copy of petition and reply/ws for maintenance case. vijaymahajan5758@gmail.com

Sachin (N.A)     18 October 2017

Upload the copy here so members of the forum can help.

Samir N (General Queries) (Business)     18 October 2017

Congratulations!  Family Courts are supposed to encourage appearance in person.  You will be able to handle it yourself. Technicalities are not important according to the Family Court Act. Even the Indian Evidence Act is not strictly enforced. The Judge has a lot of flexibility. So... focus on your main points. Do not be too bothered by technicalities.

Points to note in filing arguments:

  • Refer to statements made in cross-examinations, affidavits, written statements and pleadings filed by the opposing party.
  • Back every argument by  evidence, where possible, because arguments must be based upon undisputed facts carry more weight.
  • Try to find case laws, with some help, to support your case. If not, thats fine too.
  •  Those who appear in person tend to make new allegations in arguments. All that is over by the time you reach arguments.
  • Focus on a few key arguments and emphasize them - back them by evidence or admission on the record. Other arguments, just list them briefly
  • The more you refer to documents and evidence on the record, the more weight your arguments will carry.  Otherwise, the arguments will be ignored.

Good luck...

1 Like

Rimi   19 October 2017

Originally posted by : Vijay Raj Mahajan
Send draft copy as email attachment to me. Also copy of petition and reply/ws for maintenance case.
vijaymahajan5758@gmail.com

I have sent you sir


(Guest)

upload a copy of your draft here for all to see and give their inputs.

or you could send a copy to basu_kunal@hotmail.com if you don't want to make it publicly seen to all

Jaspal singh (practicing lawyer)     21 October 2017

It is not important in family courts that what form you are using but be very carefull when your drafting I.e Written Stetments/Evidence some times most of professionals even used to wrote some abusing and baseless false facts in written stetments which can be used against you in the court of law as cruelty and always be cool when you are appearing before the court beacuse in our own case sometimes we get imotional and personal so i advise you to take the help of professionals and do not argue your case with your own ..

Regards

Jaspal S Maini(Adv)

 

2 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 October 2017

Upload your draft then get inputs from Ld. Friends and seniors
2 Like

Rimi   22 October 2017

Thanks everyone... And many thanks to Adv Vijay Raj Mohan sir for helping me with corrections and judgement copy. My lawyer never read my cases in details...

 

God bless you, sir.


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