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gdk (student)     14 September 2010

written statement in appeal

hi freinds,

in an appeal, shall the respondent file a written statement to the petition or not required?

if not required, as per law, is it mandatory not to file written statement.

because my husband filed appeal against maintenance order. my advocate is suggeting that directly arguments will be there, no need of submitting counter.

but my doubt is while giving order, judge will have their pleadings before and my pleadings only in oral form and they will take time to give order, so while deciding order my views will not be there with the judge.

i wanted to submit my written arguments also to judge.

can i do so?

please suggest!



Learning

 2 Replies

Mugundhan (Lawyer)     14 September 2010

in appeal cases, written staement or counter is not required. U can directly argue the matter. In addition to hearing ur arguments, the court will peruse all the lower court records before passing any order.

Adv Archana Deshmukh (Practicing Advocate)     14 September 2010

Your advocate is right. In the appeal no counter is to be filed and there will be arguments only. However, you can submit written arguments if you desire.


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