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a   28 March 2016

Require help to file evidences and return ornaments

HI All,

 

I have filed divorce case against my wife. But just after few months, I come to know that my advocate in contact with my wife. He shared all information of my case to her. Then I have decided to withdraw case from him. I have filed case on the basis of her affair with her manager. But now I have decided to fight in person this case. Because my wife is always contact to my advocate and collect all things through give good money to him. Now issue is framed for my case.

 

Now I have to file evidences against her. Please share me draft if anyone have it. Please remove respondent and petitioner details and other info before sharing to me. Also my wife demanded her all ornaments and articles in written statement. I’m looking to return her. Please let me know process to return. If anyone have draft of return ornaments and articles. Please share it. It will really help if share draft to me because recently I have taken NOC from my advocate and fighting this case in person on my own merit.

 



Learning

 3 Replies

adv.bharat @ PUNE (Lawyer)     28 March 2016

1) consult a lawyer is essential for getting draft. You must have faith in ur lawyer. All lawyers are not one and the same.

2) To get relif and draft for return of ornaments you need to take help of lawyer.

Thanks

Samir N (General Queries) (Business)     29 March 2016

Without knowing details of your case, here are some important facts that you MUST know regarding evidence if you are going to fight your case yourself... in person.

File your evidence in the form of an affidavit and attach copies of all documents. Then during her cross-examination, you make sure that these documents that you have attached are shown to her and you get them marked as Exhibits and put on the record. Exhibits with specificity... so each exhibit is marked as Exhibit 1, Exhibit 2, etc.   Its kind of wierd but the way the system works, you cannot force her to ask you questions on all exhibits you have attached.  During arguments, if she does not challenge any aspect of the affidavit/evidence you have filed, it is deemed admitted.  To provide additional support, you place the same before her during her cross-examination unless she has presented it to you and brought it on the record herself.  Of course, she will try to use it against you and it is your tactic to turn around her position during her cross-examination.


And I strongly recommend that you represent yourself.  Its easy.  My advocate did not do what I am advising you to do and I had to suffer for it in the beginning until I decided to pursue my litigation myself. There are certainly good lawyers in India but they are rarely found in the family courts!

a   30 March 2016

Thanks for your response.. 

 

My wife just want money. Recently she demanded 50 Lacs to close the matter. When I discussed with my advocate, he told me that give her minimum 35 lacs to close the matter. My advocate told me that it's diffcult to get divorce and adultery on the basis of proofs which I have it. I was shocked by all these stuff. 

 

When I started making of enquiry, then I found my adovcate postpaid telephone bills. I have found that my wife and my advocate is talking over phone. In last three months, I have found 97 calls between them. They talk around 300 mins over phone in last three months. When I asked him about that, then he told me that he was discussing with her regading compromise. Even I never ask him to discuss with her about compromise. I never shared my wife's number to him.

 

After this experience, I have decided to fight this case on my merit in person. I have very stong proof of her affair with her manager. Now she is delaying court process to get money. 

 

Please provide me sample draft of how to file evidecense. Also please let me know what points needs to take care during cross eximanation. I have her affair pics, hotel booking, chats, cctv footage and so many things which prove her s*xual relation with her manager after marriage.

 

It will really help me if someone provide me draft of evidecen and which point need to take during cross eximanation.

 

 


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