cpc

Divorce case pending

This query is : Resolved 
 

Online (Querist)
24 January 2020

Dear Experts,
I am writing on behalf of my cousin and its like just a normal question but we are confused hence i required your expert opinion.
My cousin had admitted HMP 13 in Civil Court from july 2018, but her husband didnt appear in court.
Court had accepted evidence from my cousin, her notice for exparte divorce, blocking of her husband rights ..etc all the formalities has been completed. And the case status shown as a Final Arguments.
But suddenly, her husband attend in court and submitted an affidavit and court has accepted his application.
our lawyer said that he has to rights of application and now he will have to prove that all the allegations are false.

what should we do


SHIRISH PAWAR, 7738990900Online (Expert)
24 January 2020

Dear querist,

Proceed with the case already filed. If you feel aggrieved by the order allowing your husband's application you can challenge it in revision. Otherwise contest the case already filed.

Regards,

Raj Kumar MakkadOnline (Expert)
24 January 2020

You are on right track but now after appearance of the husband of your cousin in the pending petition shll definitely take some more time to decide. It shall be better to allow him to file his written statement and thereafter de-novo evidence shall be led by both the parties and only then the case shall reach at the present stage.

Raj Kumar MakkadOnline (Expert)
24 January 2020

Present stage means stage of argument.

Advocate Suneel MoudgilOnline (Expert)
25 January 2020

1. you can challenge the order by way of revision but it will only drag the matter,
2. best way is to let him file the written statement and let the case proceed further,

Dr J C VashistaOnline (Expert)
26 January 2020

It's right of husband to file his reply in defence and Court can not deny.
Your cousin has already engaged and paid an able, competent and intelligent local lawyer who is well aware about facts and circumstances of the case, you (or your cousin) have to have faith in him/her (lawyer).
If your cousin have lost faith in the lawyer engaged to proceed it is better to change him/her instead of expecting some "miracle" from obligation of expert on this platform.
If your cousin feel strong to have a second opinion it is advisable to consult another local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding without waiting for an obligation of experts on this platform, which is bound to differ for lack of knowledge of facts posted and actual.

Raj Kumar MakkadOnline (Expert)
27 January 2020

It seems that author is more concerned with the issue than actual person who has already availed the paid service of his lawyer and is processing his case without caring for the replies of the experts here,

Arjav MehtaOnline (Querist)
27 January 2020

Dear Raj Kumar Sir,
You are right that I am well aware about the facts because, my cousin is not well educated hence I am post the query on behalf of her.

Her Husband filled a affidavit and mentioned that she has to prove all the allegation which is imposed by her against the husband

T. Kalaiselvan, Advocate Online (Expert)
05 February 2020

Since he filed a petition to set aside the exparte order and the court has allowed his application, let she continue to prosecute the case, before that he has to file his counter to the petition she filed.
After that she may proceed with the prosecution of the case, let him challenge the case at that stage.



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