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(Guest)

Is it mandatory to present on each date of divorce case?

Is it mandatory to present on each date of divorce case?

How can one get relief from presence?



Learning

 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 June 2012

No. Not at all necessary. Your lawyer has to attend. You will have to remain present during councelling and during your cross examination.

1 Like

(Guest)

Thanks Archana ji.

rajiv_lodha (zz)     14 June 2012

One related query:

husband has given his evidence and wife's lawyer is unnecessarily taking dates, not coming to CROSS him, the husband takes job-leave to attend court dates in the hope that opp will complete CROSS n set him free! In this case what is the remedy?

Parth Chandra (none)     15 June 2012

Rajit,

 

In this case, husband (his advocate) in next date should file an application to close opposite party's right to cross examine you and proceed with further steps of the case.

 

Regards,

Parth

rajiv_lodha (zz)     15 June 2012

Its nice to hear that such provision exists.............is it called MEMO?

Parth Chandra (none)     18 June 2012

I am not sure what it is called but hav seen some lawyer putting such application like any other application in the main case and normally judge puts it for hearing. this will surely pressurize them.

valentine thakkar (advocate)     18 June 2012

Three or more dates in emergent cases r allowed. Then, the court on its own may close the stage of cross or an application to that effect can be given. In trial courts it is called an application only.

valentine thakkar (advocate)     18 June 2012

When the wife has filed petition+affidavit with documentary evidence, are such evidence required to be proved? In Family Courts Act Sec. 14 kays down that the court should admit all documents irresctive of whether the same are admissible as per law of evidence. Please enlighten.

Anjuru Chandra Sekhar (Advocate )     18 June 2012

Divorce case being a Civil proceeding, the standard of proof is preponderance of probabilities, the evidence need not be conclusively proved beyond reasonable doubt.

Anjuru Chandra Sekhar (Advocate )     18 June 2012

@Rajiv Lodha.  File application under Order XXVI Rule 2 of CPC to appoint Commissioner to Examine the witness.


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