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smille please (hr)     21 November 2014

Counter filling in hmop case


my husband who filled divorce pettion in the grounds of cruelty &will ful desertion....

but it was a false statement.... i do have proof... case he filed on sep 2012..

i filed counter & case is been dismissed for default on march 2014. due to his non appearance ....

 after 3 months back, my husband restored the case on september month.....

so far 2 hearings over....

judge asked me to fix advocate for this case....

next hearing will be on 5th dec 2014...

 when i check on line case status they mentioned counter on 5th  dec..2014.......

is that mean do i need to submitt  my counter on that day....or pettioner will do it.....

is it possible to  postpond it on next hearing....

what will happen after i filled counter....

can u guide me pl....



 3 Replies

T.K.VENKATARAMAN (Advocate)     22 November 2014

Even though you have already filed your counter earlier,now since he has reopened the case you have to file another counter denying all his allegations.Thereafter you can seek adjournment.If it is not possible for you to file your counter on 5 th December, you can ask for adjournment.But ascertain whether you have to file your counter in the reopening petition.If so ,it is necessary for you to file your counter .

G. Y. Sharma (Advocate)     23 November 2014


You have to appoint an advocate to prosecute the case on your behalf. Irrespective of your task of engaging an advocate of your own, you have to file your counter in reply to the averments of your husband's petition. you have to give your answers for each and every paragraph of the petition filed by your husband. you have either to admit the contents or to deny the same partially or in toto. At the end of your counter, you can narrate your own case in addition to what has been stated so far. After filing your counter, the Judge may call upon the both of you for a joint meeting to verify whether any compromise would ever be possible. If it fails, the Judge asks your husband to commence trial of the case. Your husband files the affidavit of his examination in-chief and then you have to cross examine him. Thus after closure of your husband's evidence, you have to enter into the witness box to explain your claims and contentions. After reporting closure of your evidence, the case would be posted for Arguments which would follow judgement in the end.

Note these steps and take care.

Thanking you,

Truly yours,


                                  M. Com., LL.M.,


                                   M. Com., LL.M.,


H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.


* 98 493 45 755 – * 99 66 45 66 85


T. Kalaiselvan, Advocate (Advocate)     25 November 2014

You better engage an advocate and file counter on that date or take an adjournment and file counter on the next date.

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