Interrogatories-The domain left unknown
After the filing of plaint and WS, the procedure of settlement of issues takes place. The material facts which are admitted by one party and denied by another party forms the material issues. Now on these material issues the evidence needs to be given by the parties. Now before proceeding to the evidence to be given by the parties, each party has a right to know other’s party case, so that no party is taken out by surprise. Now here is the place where order-11-12 of the CPC comes into play. Unfortunately this machinery which is the discovery and inspection of facts and documents are unknown at trial court level, but it’s a very useful tool that every practitioner should know and utilize it. As it is a very powerful tool which can either break the other party case or may strengthen one’s own case.
The tool is called interrogatories which is used to facilitate discovery and inspection of facts and documents which forms material to the issues and which are to be disclosed in order to determine the material issues.
Maintenance is a right which a husband, wife ,children and old parents can exercise under various provisions of law.Now which provisions are applicable in your case you can have a look below.
Maintenance U/S 24 HMA
- It is maintenance pedente lite, ie during the pend-ency of any proceedings under HMA(Hindu Marraige Act)
- Claimed by both husband or wife.
- To be filed with proceedings of divorce, Restitution of conjugal rights,Maintenance u/s 25, annulment cases
caution : If you are filing cases under 498a or under DV act application U/S 24 is not maintainable.
Scope: Temporary in nature only till pend ency of certain proceeding.
Maintenance under Section 25 HMA
1. Both husband and wife are entitled to permanent maintenance throughout such period not exceeding their life.
2. Longer time
3. However if wife remarries or husband have a sexual intercourse outside wedlock the maintenance can be denied.
4. Section 24 and 25 should be filed together for greater relief.
Scope-:only till the time party don’t marries.
Jurisdiction of Consumer Forums
The consumer Protection act, 1986(CP act) provides mechanisms for quick disposal of consumer complaints; it provides a three tier dispute redressal system which works as per the powers assigned by the CP act. For the purpose of invoking the jurisdiction of any consumer forums, there are certain prerequisites which determine the jurisdictions of these forums which are-: