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Judge rejected witness statement

  • NonMolest
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14 Nov 07 #6689 by NonMolest
Topic started by NonMolest
Hi,

Today I was at court hearing for Maintenance pending Suit. It was not heard by judge and told us to come back on 20th December for 1 day haering. I put the divorce petiton based on my wife's unreasonable behaviour and my wife is contesting the divorce and asking for judicial separation because of my unreasonable behaviour. I had witness statement from common friend. The other side didn't object for witness statement and add in trial bundle. Today court rejected it saying it wont go in bundle because the witness statement is irrelevant. This is absolutely rediculous. Is there any way I can appeal against that order and ask for the witness statement to go in trial bundle? if there is any way ow quickly I need to appeal? Please advice me asap.

Thanks

  • loobyloo
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15 Nov 07 #6708 by loobyloo
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hi nonmol
Why was mps not heard .... what was the reason. Also in my experience judges dont give a tat bout behaviour in the marriage unless you chopped her mothers head off or something on that scale.
I wanted to bring all the reasons for divorce up in court with an army of witnesses, but my sol told me not relevant... it really p,,,,es me off the whole bloody system.... the law is supposed to protect us..hah ,,, dont even know why such a system even in place.
regards looby

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15 Nov 07 #6718 by NonMolest
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hey looby,
i had half a day hearing yesterday and they said mps needs 1 full day hearing....... another hearing means another £ 2000. full and final settlement takes full day, why just mps needs full day, i cant understand........ i filed Divorce petiton in july, 5 months already gone and nothing happened, dunno how long it will take

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15 Nov 07 #6719 by loobyloo
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hi non mol
I cnat understand it...who has applied for mps which one of you? the a/r crap will go on and on for as long as you cant agree but if goes to final hearing its the one whom the judge deems unreasonable who foots the bill and the judge then says who gets what...scary esp if you get a contancerous old fart like the ones ive seen so far... no disrespect my own cousin is a circuit judge!!
loobs

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15 Nov 07 #6727 by lindy lou
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My barrister told me the rules are....there are no rules.The judge can decide on the day- and the following day he/she might decide something different.Nothing you can do about it I'm afraid.If you make a fuss they frown on you even more.:angry:

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15 Nov 07 #6767 by Fiona
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It's difficult to comment about the relevance of the witness statement without knowing the detail. If you can show a mistake was made you may appeal against the decision within a certain time frame (3 weeks if I remember correctly)

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16 Nov 07 #6785 by NonMolest
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Hi,

Thanks for your coments!

Apology for long reply. Here is the part of story-

I kept my particulars of divorce petition to minimum.

Actually on last christmas my wife had an abscess in her breast and she was prescribed with antibiotics. As a result of this on 30th dec when she was feeding the baby in a shopping mall, my daughter pushed her breast and abscess got burst. That time our common friend was also shopping with us. Next day when we went to see dr, he advised minor surgery. After the surgery surgeon advised not to feed the baby by infected breast in front of our common friend. but my wife simply ignored the advice and continued feeding the baby. As a result of this my daughter also got the same infection and underwent surgery.

So I add that point in my petition saying my wife continued feed the baby and put my daughter at risk.

After my divorce petition, she simply ignored the petition and sought NMO, Occupation order and prohibitive steps order. My wife put fifity serious allegations on me saying I kicked on her breast that is why she developed complications and hence underwent surgery. She also stated, dr advised continued feeding the baby.

Then our common friend made a witness statement saying the wound was bursted in front of us in shopping mall. Dr also advised in front of me (friend) dont feed the baby by infected breast. He made another statement saying she was abusive in front of us when he (friend) came to our home for reconcilliation.

My wife actually received the divorce petition from my court, but she lied in front of judge saying she hasn't received it. When my wife received the petition, she called this friend and this friend went to our home and see the petition and they talked abt it. So our friend also mentioned in his statement saying he has seen this petition at home.

My wife now contesting the divorce and asking for judicial separation.

So this witness statement was for NMO, Child and contested divorce. But day before yesterday judge simply said this witness statement is of no relevance. I cant take this. I want to appeal........ Also NMO is been extended untill next hearing which might be in april or may.... it will be for 2 days

Please advise what to do now?

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