Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

superfast munnabhai (trainee)     14 October 2010

Requesting for step by step advice for my divorce problem

This is my second posting on this free forum. Please help for my problem.

Please do not start new discussion within yourself..it confuses the original requester.

Thanks to you.

 

I read everything about my previous posting. I want to go alone now without advocate. It is final. I want to finish it myself.

payment made to previous lawyer in full. I have lost my patience now.

I want to finish it quickly. Can you help in my problem please?

 

I want to know what happens on argument day? b'cos I will alone there and I want to be alone now....

What I understood so far

A. Wife's Pettion and respective response by me is given

B. Wife's maint application MHA24 and pendent lite and it's respective response is given by me

C. Xeroxes etc are given by her as well as by me.

D. matching affidavits are also given by wife (her examination is hence over??)

 

Now my questions as follows. please help me.

 

Opening part

1. Will her lawyer make openig statement?  (Do I need to write down completely? while lawyer is talking)

2. Do I have to give my opening statement orally? (I can do it. I am not shy about it.)

 

Middle part

3. I have to ask my wife for he cross examination? (what if she is absent on that day?)

4. What about my examination? (when will it happen?) I am ready to answer question from her lawyer.

 

Closing part.

5. closing statement by her lawyer and then my closing statement? (Do I need to write down completely?) What if her lawyer blames me again 'on same things' even after I given my explanation already in step 3 and 4.

 

Give me your key insight and suggestions.

I understand that I have to try to cancel the maint or atleast minimise it. But If I am asking her to come back? why this fact judge can't understand!!

 

6. Why divorce case was stopped ? for so many months judge and both lawyers didn't anything further on divorce petition? Is there any law that maintenance application stops the hearing of divorce case?

7. What all other types of application my wife's lawyer can submit, to delay divorce case? Please give me a complete list

8. How can I finish this court case in a quick way? I am not ready for divorce in any way. I want to go to court b'cos she shud not get the divorce in my absence ex-party way.

 

 

Is there any suggestion to my problems. Thank you Sir.

 

Pls Don't mind 'tushar' and 'jamai law' and others 

but I have to go alone now. I want to take it in my hand now. I have been going to court for more than year and no progress at all.

 

Hence I am hating my previous lawyer. Will tell things to my wife's lawyer?

And only give answers to my questions please. Already there are manyfriends and relatives giving me lectures everyday basis. I am really exausted now.

Thanking you all.



Learning

 5 Replies

superfast munnabhai (trainee)     14 October 2010

Adv. valentine Sir said wife's affidavit is her evidence.(I got to know about this affidavits when I my lawyer was telling something similar. and then it all my doubts started.)

 

9. I also want to give my written statement again as a affidavit for evidence my side.

What is the procedure to do it.? (I just can't believe that lawyer can give me a wrong advice even if  Its me who paid her fees and my not my wife!! lawyer had said 'your affidavit not required'!!! half answers of lawyer gives feeling like 'I am a puppet in lawyers hand')

 

 

 

superfast munnabhai (trainee)     14 October 2010

Thank you Adv. SKJ Sir.

 

I am spending my whole time on the internet to collect information sir.

But I am not getting exact answers to my problems.

 

Divorce petition has total 11 pages. Every paragraphs is full of remarks and allegations right from year 2004,  but our quarrel actually started from 2006

Marriage in 2003

Actual quarrel and differences started from 2006 (she wanted to live separate from my parents. I refused it.)

she filed divorce petiton in 2009

And now is 2010

 

I am really exausted of all this.

 

 

valentine (Advocate)     14 October 2010

For Written Statement and procedure thereafter, please read CPC Order XVIII Rule 9 and 10. These are detailed guidance as to how you should go about your case. You can file a rejoinder to your own WS with the permission of the Court. Now when you want raise any additional ground, you have to be specific and prove that the same was discovered subsequent to your WS. This time be careful and get your WS prepared by expert advocate and read it thoroughly and examine that no detail is left out. You will not get a second chance. This may be your last chance or else you will have to file a fresh suit. Better give a rejoinder which will be treated as a fresh suit in the same case. This is a rough guideline. Expert advocate's advice is a must. Never avoid advocates. You do it and you miss the golden opportunity to win or save yourself from adverse situation.

1 Like

superfast munnabhai (trainee)     15 October 2010

Adv. Valentine Sir and other advocates.

I thank you for your help.

 

I am searching and understanding your comments.

 

I also talked to one junior but a very smart and shrewd lawyer which I found in the family court here.

I have not finalised him yet but probably wud ask him to fight my case.

 

I could talk to him completely freely and he also understood my views as well he was also striaght forward to me. And importantly he was eager to help me (so we felt that we both are need each other.) and his way of telling frank advice, his fees consultation , intervals of payment, assured progress in the case and limitations of this whole court case things etc 

 

But I do not want to delegate it completely, I want to go with basics prepared from my side.

 

Suresh Ram (Business)     21 October 2010

Good that you decided not to have an advocate. It is as good as having one!!

By now you must understand as MALE you will not get any relief you sought or intend to get.

Whatever bullsh*t papers you give or arguments you make the Judge will give a favourable order to your wife.

 

So your option is to appeal in high Court wich will take another 10 years.

Then you have SC where you can spend atleast 5 years.

 

By then either one of you will be tired and both can get a Mutual Divorce. Ofcourse it may not be any use to both of you!!!

 

 

Obey your wife and rule the world: Supreme Court

Tue May 19 2009 23:02:44 GMT+0530 (India Standard Time) by IANS ( Leave a comment )

New Delhi, May 19 (IANS) The Supreme Court has a recipe for a successful marriage, more so for men: Obey your wife and rule the world!
“Bibi joh boltee hai woh sunno (Listen to whatever your wife says). We all listen,” a vacation bench of Justice Markandeya Katju and Justice Deepak Verma observed while hearing a lawsuit by Indian Air Force officer Deepak Kumar, who had complained that his estranged wife Manisha had ruined him and his family by implicating them in false criminal cases including sodomy.

“Hum sab bhuktbhogi hai (We all have undergone that experience),” the bench observed.

“If your wife wants you to see this side, see this side. If she wants you to see the other side, do obey her,” said Katju, adding: “One who obeys his wife rules the world.”

Kumar’s counsel told the court that his client had married Manisha 17 years ago but the couple soon landed in court with marital discord erupting between them.

A district court in Chandigarh dismissed Kumar’s plea for divorce as Manisha opposed it, but a single-judge bench of the Punjab and Haryana High Court had granted him a divorce and directed him to pay Manisha Rs.1 million as one-time compensation.

Manisha then approached the Supreme Court challenging the divorce decree.

Seeking dismissal of Manisha’s appeal, Kumar’s counsel contended that she was opposing the divorce despite having ruined her husband’s life.

The bench, however, posted the case for further hearing in the last week of July, saying there was no urgency in dealing with it.

“You have waited for 17 years, so wait for a few more days,” the bench contended.

https://www.thaindian.com/newsportal/health/obey-your-wife-and-rule-the-world-supreme-court_100194756.html

2 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query