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sandhya (***********)     11 August 2013

What is the right stratagy to answer the divorce petition ?

Hello to all,


My husband had filed divorce case . in his petition he has not mentioned any story or proper incidents . Its just " i fought with them & left home " nothing else .....& this is not true....


As i can not afford lawyer's fees I m going to submit my written answer by my own ....so what should be the right stratagy to make answer .....

I mean   should i make a written answer in detailed discripttion of all incidents from the begining of our life   or i just deny his alegations & serve writen statement in short descripttion ?

 

& how much coppy will i have to submit in the court ? & do i need affidevit also ? Pls reply



Learning

 6 Replies

Tajobsindia (Senior Partner )     11 August 2013

Suggestion;

1. Every District Court now-a-days has State Legal Services Authorities. They provide almost free legal aid to discerning litigants such as attaching a panel Advocate from pool, give legal opinion, assistance in filing case, petition writer tagging, court fees, , paper book making etc. etc. Approach them (i.e. State Legal Services Authorities) to get tagged an Advocate from them for asked ‘w/s’ and further servicing divorce case against you instead of DIY (do-it-yourself). There may be occasions in future when other legal intricacies you may face and it becomes cumbersome to approach internet free legal portals each time.  

2. If above is thought not to be followed then ‘wrong and denied, strict proof may be submitted and reason’ as to why against each allegation Para in very short is all that a person facing first brush with Civil Family Law is suggested as DIY approach.

3. Make three copies (one for Hon'ble Court file and another for opposite party) plus one for your own court proceeding records.

1 Like

sandhya (***********)     11 August 2013

Thanks sir, i made the attempt first & contacted the state legal authority , but they refused to help by saying lawyer service doesn't come under theier services & they are also not supporting in giving any kind of informations & just avoiding & telling hire a lawyer ...... I already made complaint about this in there head branch but no response yet.... so i m asking here

Tajobsindia (Senior Partner )     12 August 2013

1.    Since you planning party-in-person mode and have experienced refusal from member(s) of the State Legal Authority whom you approached which is not in spirit of LSA Act 1987, next suggestion would be to write in a plain piece of paper exactly what you replied to me, and address this letter to the Hon’ble Chief Justice of the State who is patron-in-chief of SLA and a copy of this letter sent to Hon’ble District Judge of your District where the case is and then see your first victory i.e. of your ‘rights’ to seek free legal services aid being from weaker section of the society.

2.    I already mentioned in my previous reply what is generally mentioned as in a 'w/s'. If that is found difficult to compose then go to District Court and sit with a busy ‘petition writer (typist)’ and mention para wise facts, they may do basic job of drafting w/s reply in question at very very nominal hourly fees which still comes out to be cheaper than your reluctance to hire an advocate for your own notions about them.

3. Lastly you may plead (request) LCI member lawyer(s) to help you for free. Let us see who comes forward as champion of weaker cause.


Apart from some and/or all the above and my previous reply there are nothing more that I can value add here for your query before us.

[Last reply]

1 Like

Shantanu Wavhal (Worker)     12 August 2013

@ Tajob, 

it becomes cumbersome to approach internet free legal portals each time.

 

i differ with you ...

when LCI is there ... when Tajob is there ... nothing is cumbersome :)

Adv. Chandrasekhar (Advocate)     13 August 2013

The proper course of filing the reply/written statement is, that since times immemorial, advocates have been following a certain trend.  First of all, you have to scan his petition to find out exactly on what ground (s) he is relying to get his divorce.  Next, there are certain objections (legal as well as factual), for which his petition may not be maintainable.  You have to chalk out such grounds.  In your reply, you have to give sub-heading - "Preliminary objections" and explain them point wise and para wise.  Next, he must have concealed certain facts and which are relevant and which are going against him and going in your favour.  In addition to this, there may be certain facts, which you want yourself to tell to the court and thosee facts may favour your case.  Such facts have to be brought under the sub-heading : "Additional Facts".  After the sub-headings-"preliminary objections" and "Additional Facts", now comes the final part with the subheading - "Reply on merits para-wise".  Here, you have to reply to his petition para-wise, some facts which you may admit (for example, the factum of marriage, its place of occurence, marriage date etc.) and some facts you may require to vehemently deny.  Finally, your prayer to the court and verification clause.  The reply shall be supported by an affidavit.

Finally, at the time of filing the reply, a lady like you, who does not have financial resources either to survive or to contest the cast, there is Section 24 of Hindu Marriage Act, which  provides maintenance during the pendency of the divorce case and also litigation expenses.  This application you have to move along with the above said reply.  The court will dispose this application at the first instance and you will be having money to contest the case with much vigour.

Wish you best of luck.

Adv k . mahesh (advocate)     13 August 2013

1. first read the petition filed by your husband and what all you can defend them right para wise 

"i deny para 1 that ___________ and (say in your words)____________

2. the procidure will be given to you while you make typing with the concerned typist who are available near the court premises and they will give you the correct guidence how to make a proper written statement 

3. take any clerk help to file the papers in the court who charges nominal rates 

4. as party in person and above said you can take steps for legal services lawyer to provide further guidence and you have not provided in which city 


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