Objeciton about non-maintainiblility of divorce suit

Law Querier (Querist) 02 March 2017 This query is : Resolved
A Hindu Marriage divorce petition against the petitioner under cruelty ground is filed through power of attorney holder of the foreign resided petitioner. The divorce petition is not signed, verified and affidavit on oath by the original petitioner but it is signed, verified and affidavit on oath by the POA holder of the petitioner. The advocate is also appointed by the POA holder of the petitioner and the vakalatnama is also singed by the POA holder of the petitioner. Then after, the respondent filed written statement. But, the respondent has not raised the objection in his written statement about the non-maintainability of the divorce petition as it is not verified and affidavit on oath by the original petitioner. After that the issues has been framed and the case is on petitioner’s evidence. The petitioner is going to file her evidence on next court date. Now, the respondent wants to raise this objection of non-maintainability of the suit now.
1. Can the respondent file the application to dismiss the suit now as the divorce petition is non-maintainable though the issues has been framed by court and the stage is on the petitioner’s evidence?
2. Can the respondent amend the written statement and mention the point of non-maintainability of the suit in his amended written statement at the stage of petitioner’s evidence?

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