Ankitha 02 February 2018

Can we file chief affidavit right after the counter petition

My husband filed Counter petition for my divorce petition in 19th Jan 2018. Now when i approched my advocate he filed Maintainance petition for my daughter. And when i asked about filing Chief Affidavit and start divorce procedure he saying that lets wait untill he responds to the maintanance petition. My husband took nearly 1 year for filing counter against my divorce petition. If i wait for his response in maintanance he again wastes time and try to prolong the case. Here my question is why don't we file Chief affidavit rather than waiting for my husband to respond on Maintanance. My advocate is saying that we should not take immediate action for his counter petition if we file Chief affidavit the case may dismiss and we will loose the case. I filed divorce on Cruelty grounds. And i did not put any DVC and 498A against my husband. Please suggest me that why don't i proceed for Divorce and file Chief affidavit. What are the conflicts i get if i file it. And also please let me know is there any rule and law is there that i have to stay with my husband even if i am not willing to live together. And what are the reasons for dismiss of a case in divorce.

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5 Replies

RUPESH SHRIVASTAVA (Chief 09827932335) 02 February 2018

you can proceed your case further to file affidavit in cheif ...thereafter your husband is bounded for cross examination ..if he don't want to cross you and your witnesses your case is proceeded further for your husband evidence...

Sachin (N.A) 02 February 2018

Your lawyer is delaying the case just for his personal benefit.

You can file evidence by the way of affidavit.

If you don't want maintenace during divorce case, widraw your application

(Guest)

Don't worry too much about these. No matter how much you try wish think and worry these proceedings take their natural course. Judges know everything and will finish your case in time. You don't have to wait to for maintenance to be disposed for chief to be filed. It all depends on judge how quickly he wants to process cases. I admire you for not filing false cases which most wives do and almost all advocates encourage. Stick such good morals and you'll be happy in future. Mark my words. Good luck.

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TGK REDDI 03 February 2018

A one-year time shouldn't be extended for filing Counter or Written Statement.

Even then matters do not move as speedily as you hope.

If the daughter is old enough, your husband can take her into his custody and he needn't pay any maintenance. If he's reluctant to have the daughter in his custody, he'll have to pay maintenance.

No one can force you to live with your husband. You're at liberty to live separately preferably getting judicial separation granted. You'll get divorce in course of events.

Vijay Raj Mahajan (Advocate) 03 February 2018

There is a set procedure of the civil case under the Civil Procedure Code. The pleadings of the parties, followed by framing of issues, admission and denial of documents and followed by the evidence of the parties. The main suit of divorce where the pleadings got completed and after that you moved interim application for maintenance for minor child, you could have done it at the time of filling main petition for divorce or filled fresh case under section 125 Cr.P.C for it rather bring this interim application in main divorce case, its your mistake for which now as per the rule, the Family Court will first decide the interim application and after that proceed with main divorce petition.