Should respondent explicitly deny allegations in amendment?
Ojus
(Querist) 06 July 2014
This query is : Resolved
Petitioner, wife, filed divorce petition under HMA 13(1) showing impotency & non-consummation as grounds. In my counter, I simply denied all her allegations without any counter allegations.
Later, she amended the petition to add 'mental cruelty' citing some quarrels and my suspicious behavior towards her character.
Even though I objected her amendment application saying those allegations were fabricated and after-thought, the court allowed the amendment.
Then, I didn't file fresh counter after the amendment of original petition by the petitioner.
1) So, If I didn't file fresh counter explicitly denying the allegations in amendment, would it be treated as admitted by me? or Should it be proved by the petitioner?
2) Is it the duty of the respondent to file fresh counter denying the allegations in the amendment also once the application for amendment of original petition by the petitioner is allowed by court?
Devajyoti Barman
(Expert) 06 July 2014
1. Do file additional written statement. If not then her allegations will remain controverted.
2. Yes absolutely.
Rajendra K Goyal
(Expert) 07 July 2014
1. It is advisable to file fresh counter.
2 Yes
