Whats the procedure to get my potency test application allowed?

mrgop (Querist) 09 August 2012 This query is : Resolved
I've filed application for my potency test by medical board in counter of wife's petition for annulment on ground of my impotency. Since then on hearing dates, two dates passed, her advocate appears saying 'petitioner is absent', and judge gives next date ignoring my advocate's request to allow my application for potency test.

My advocate is not giving clear picture about whats is happening and why my application is not allowed.

So, please help me to understand the procedure better.

1) Is her presence must to procedure the case further and allow my application?

2) Do she have to file reply to my application for potency test, before getting my application allowed?

3) if so, can I request the court to close the current stage and move on to next stage on her absence?

I want to either get her petition dismissed or get my application for potency test allowed as soon as possible so as I can convert my RCR to divorce on ground of mental cruelty and desertion. I filed RCR 6 months after marriage and since then 3 years passed so I think now I can use at least the desertion ground for divorce without any problem.

So, please suggest better way to proceed this case.

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Devajyoti Barman (Expert) 09 August 2012
1. No, if her lawyer remains present the court can go for hearing of any petition.
2.Yes she would be allowed to file objection if any. However if she does not file any objection in several dates fixed for this the court can go for hearing of your petition.
3.Yes

You can not add desertion as RCR will be considered to be waiver of her cruel acts.
You have to first withdraw the rcr and file divorce on new subsequent cause of action.

R.K Nanda (Expert) 09 August 2012
1.No.

2.Yes.

3.No.

mrgop (Querist) 09 August 2012
@barman sir,

2.Yes she would be allowed to file objection if any. However if she does not file any objection in several dates fixed for this the court can go for hearing of your petition.

What does it mean by "court can go for hearing of your petition"? Annulment petition was filed from her side.
OR you mean court will allow my application for potency test even if objection not filed from her side even after several dates?

@R.K Nanda sir,

Do you mean my application for potency test will not be allowed if she did not file reply for the same?

R.K Nanda (Expert) 09 August 2012
No, i never meant that. If she file reply it is ok and if she does not file reply then u argue ur application and court will allow it.