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superfast munnabhai (trainee)     20 November 2010

Sec24:::Int Maint Hearing All Stages,I'm about to lose hope!

Isn't there any stage of "examination of witnesses" in Interim maint Hearing?.


Please help me understand......


I went for the hearing but again nothing happened...Oppnent's lawyer asked for more time for preparation for argument on maintenance application.....(How much time is required for a lawyer..for preparation? ...In fact wife has gone abroad....I tried to tell that to judge immediately..)



I also said to judge that I want to ask questions to my wife about maintenance......Also I said that I did not get any wife's affidavit's copies....then her lawyer said 'copy of interim application by wife' is enough' (I am again confused here)



But next date is again scheduled as 'final Argument' for maintenance interim application by wife. How is this possible??? Then when am I going to get chance to ask questions to my wife? How can judge directly schedule 'final argument' on maintenance application without giving me chance to ask questions to my wife? 



Judge did not take notice of the reality that 'wife has gone abroad' ..


Please..please let me understand the hearing cycle in the interim application..Isn't there any examination of witnesses in Interim maint Hearing?.(I had assumed that it will not be any different than that of the main suit...wherein I would definitely get the opportunity to ask questions to my wife!!)


Did I miss anything to say/ask  to judge on my last date?


Previous posts and replies told me that 'before arguments' both parties do get chance to ask questions to opposite party.

Please help me in my problem...thanks






 1 Replies

Shantibhushan (Advocate)     20 November 2010

You can cross examin provided you/your advocate should make an application for the same, as the said application of wife is accompanied by affidavit. And if your application is rejected you can challenge it in revision before High court.

For you reference you can read the below linked judgement

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