Sarath Chandra (ASM) 05 March 2013

Adultry - case getting adjourned for 6th time.

I filed a divorce case under 497 - adultery of my wife in June'12. Me,being the witness of her adultery and hold valid proof of her correspondence in email with a astrologer stating her filthy intentions to marry her lover - I filed for the case after 2 years of separation.

The problem now is , she had NOT filed a counter statement even after 6 hearings for the past 11 months.Her counsel is simply getting the dates postponed.

My counsel had asked me to wait , until the the Judge himself feels that she had been given ample time and then it will automatically proceed for ex-party.

Is this the way forward..? Do advice me.

i have a son - 9 yrs old and i like to would seek his custody.

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3 Replies

Never Give Up (Fighter) 05 March 2013

You should ideally wait for 2-3 dates and then promptly put application for closing of the say (No Say) of opposite party. By doing this case will move ahead in the absence of the reply from repsondent. I am not sure of what it is called in legal terminology but you tell your lawyer and he will do it. Just one/half page application.

The moment you press for ex-party , be ensure to see your wife in court in next date..then she will say give me some time and i will file reply and then again 2-3 dates will go just like that... these are all tactics for delaying the case.

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Sarath Chandra (ASM) 05 March 2013

What is it called in legal terminology to file a request to "close her say"..? Can some one help..?

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Originally posted by : Sarath Chandra
	What is it called in legal terminology to file a request to "close her say"..? Can some one help..?

Forget legal terminology, just press for passing exparte orders, and here its in the hands of the lawyer, how persuasive he is to get the exparte orders.