Few tips for litigants in matrimonial dispute

  • December 17, 2019
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Few tips for litigants in matrimonial dispute (chetan).

 

  1. Never be friends with your ex. Never talk/ communicate to chor party or her advocate during or after court date.
  2. In a mediation/negotiation, never make the first offer.
  3. Don’t be too eager to settle the case.
  4. Don’t run behind divorce. It is not a noble prize.
  5. Review/read the court’s rulings applicable for your case and act accordingly
  6. Write down your points of argument/ merits of case during every court dates. Use Notebook/ diary/case file for your trial.
  7. Always keep few copies of “certified copy of court documents/evidence” along with Xerox copy.
  8. Check your court papers before the court hearing and tag your papers in order.
  9. Remember to preserve the court records in your file/ date-wise.
  10. Don’t allow outsiders in court room. (Father/ mother/ brother/ boyfriend of chor party cannot enter in the court room because they are Witness/outsiders.)
  11. Be Respectful in the courtroom, particularly when you are representing yourself. (PIP)
  12. Don’t interrupt when chor party is talking to judge. You’ll get a chance to tell your side of the story. Remember, calm people are more believable, so it benefits you to keep your cool. Only one person can speak at a time.
  13. Be the Master of Your Case and don’t depend upon advocates or judges. (SC judgements: Litigants should know the law. Judge is not expected to know the law.)
  14. Success in litigation depends upon your advocate so hire a highly skilled advocate
  15. Choose witnesses for your case carefully. Include him only after you have talked to them and feel comfortable that what they will tell the court, will be helpful for your case.
  16. Check the cause list and confirm it from court clerk during court date. Note down the next date of hearing along with stage of case.
  17. Be on time for your court date. The earlier the better.
  18. You must file documents/ evidence in person using proper format (make sure you request a receipt).
  19. Don’t ignore “interrogatories” (written lists of questions from the other side) and “pursis”.
  20. Answer the question that is asked.
  21. Talk to judge by using technical words, phrases and terms (use legal terms) if required.
  22. Speak loudly and clearly so that the judge can hear you. Control your emotions and Stay calm.
  23. Stick to the Do not talk about issues that do not support your case.
  24. Winning of court case depends upon nicely drafted petition/ witness/ evidence/ cross examination/ arguments and not upon emotional stories.
  25. Turn off your cell phone when you are in the courtroom. Do not chew gum, eat, sleep, wear a hat, listen to music, talk on a cell phone, take pictures, or carry a weapon in the courtroom.
  26. Wear simple dress and foot wear ( for maintenance case)
  27. Do not announce in court that you plan to appeal. It is your right to appeal. But your decision to appeal does not matter to the trial court.
  28. If the chor party is taking adjournment then file cost application/ dismissal application/ NB warrant application.
  29. Buying a house or property is not compulsory. (Especially when court cases are going on.)
  30. Talk less. Listen more.
  31. Never leave the job (some people think that No Job/ source of income to husband means they don’t have to pay maintenance.)
  32. Save enough money. Money is almost everything in life. You are handicapped without money especially when court cases are going on.
  33. Stay healthy. Exercise daily.
  34. Never forget your bad days. Never forget the people who helped you during the bad days.
  35. Don’t share your case details and strategy with any random person. Weekly Meetings are the best place to share all your problems. Its “Guerrilla war” so attack your enemy with proper evidence silently in court room.
  36. Attend weekly meetings regularly and support the CAUSE.

 

 

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