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LegalFighter (test)     26 October 2016

Can wife file counter to main petition while IA is pending

My wife has submitted counter to main petition while IA is pending. Can she do this is that valid? Judge said her that she cannot do this and asked her to file counter to my visitation IA.But she submitted main counter and I got the copy.It happened 3 months ago.Now I want to file rejoinder for that main petition. Is there any time limit for filing rejoinder?


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 5 Replies


(Guest)
Totally depends upon discretion of Family Court. You can ready rejoinder, but accepting or rejecting is left to court.

adv.bharat @ PUNE (Lawyer)     26 October 2016

No she can't do it.

Within 30 days you can give rejoinder app.lication.

 

Sachin (N.A)     26 October 2016

Originally posted by : tamilinian
My wife has submitted counter to main petition while IA is pending. Can she do this is that valid? Judge said her that she cannot do this and asked her to file counter to my visitation IA.But she submitted main counter and I got the copy.It happened 3 months ago.Now I want to file rejoinder for that main petition. Is there any time limit for filing rejoinder?

 

You need to presurise in court to file her reply to visitation rights / or ask the judge to decide that as unopposed.

LegalFighter (test)     26 October 2016

Mr.Advocate Bharat:-You said she cannot.How can it be justified? I mean what is the proper act/section/rule underwhich I can ask judge.

 

sai narayana   26 October 2016

As far as her counter to main petition is concerned, she can file it otherwise the time limit of maximum 90 days she has to file her counter will lapse. Now the judge should start insisting on reply to I.A. before emabrking on further stage of proceedings. So on your part what you have to do is, on every court hearing date you should put pressure on judge to adjudicate on your I.A. regardless of your wife's stance on filing counter to it.


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