1. You should file copy of the DV case.
2. The appellate court will call for the papers/records from the trial/ lower court
Written arguments in appeal made against interim maintenance
Hi , i have asked my lawyer to file written arguments in appeal case made in session court against inter maintenance order passed . my lawyer is saying we need to submit original dv case application also attached to arguments and in index . but as far as is i remember we have already submitted same at time of filing appeal is it necessary to submit main dv case appeal papers from lower court again with written arguments in session court where appeal against interim order is made ?
Asked 4 years ago in Family Law
Religion: Muslim
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18 Answers
Hi Kishore Sir We are talking about giving written argument . Appeal is already made. 2 yrs back. And no. Action taken yet . Since case is stretcing I asked for. Written arguments to be submitted Do I really have to. Give main DV case copy. Again. With my written arguments in session court where appeal is made ?
Asked 4 years ago
1.For submitting written argument, no anexure, be it DV copy or any other document is required/allowed to be submitted.
2. Written Argument will be on facts and on law after all the steps are taken like submission of W.S./Evidence etc.
3. Make sure you have the Court order to submit the Written Argument otherwise it will be of no use.
4. You can file a Writ Petition before the High Court praying for a direction upon the lower court to expedite the matter and dispose of the case within a fixed time period, say next 6 months.
If you have already attached the said papers along with the memorandum of appeal as typed set of documents, then it is not necessary to attach the same once again in the written arguments.
You may first clarify the details properly and the reasons for this from your lawyer once again, it would be better to avoid controversies in this connection.
You were advised to not to attach the copy of the DV case along with the written arguments in the present appeal.
It will be a repetition without solving any purpose.
You may decide to conclude the matter peacefully.
- A written argument is brief synopsis of the trial of any petition before the court to counter the arguments of opposite party , and to provide the judge with reasons to rule in favor of the party submitting the same.
- Further , when at the time of filing of the appeal , DV case application has already filed , then legally it not required to refile with the written argument.
- Tell your lawyer to submit the written argument without the said application , court is bound to accept it .
Not necessary to submit original dv case appeal papers in your written arguments
You don’t have to submit original DV case papers in your written arguments
The papers if not called from lower court by the appellate court then you need to file the same to assist the court
See it us better to annex the appeal documents so that in written arguments you can give reference to.the.original petition documents and it shall be easy for the court
See not mandatory but if attach same and give reference it shall be just easy for court nothing more then that.
1. No it is not mandatory for submit petition of DV with written arguments at time of appeal.
2. But it still depends on court because judge can demand submission of original petition along with written arguments.
The rules of every High Court which determine how the subordinate courts must function are different. Moreover the practices in every state judiciary are different. So there cannot be straight jacket formula to answer it. If your lawyer is saying that original DV application is to be annexed then what is the harm in doing it?
Ans:- At the time of filing of the Appeal only you need to submit the lower court proceedings. However, it is not advisable to again file those papers at the time of written arguments.
You may ask your attorney to mention each and every detail of the lower court proceedings to be mentioned in the written arguments supporting which you may attach those documents again or else crave leave for those documents to be produced before the court at the time of oral arguments.
It is not necessary to produce the original application filed in the domestic violence case. The only reference of that application is sufficient in the written argument. You should produce evidence and supporting documents upon with your argument is based.
NO on filling appeal, court calls the lower court records, Lower court file must already there. Just to make some money, advocate is saying.
not required to submit dv case copy in your written argument.
You do not need to file the DV case papers in your appeal case as the pilot court will themselves recall the lower court records, therefore filing of the petition under the domestic violence act is not required along with your written arguments.
Do not need to filed the petition filed under domestic violence Act. You can ask your lawyer to file the written arguments without it. There would be no issue at all.