Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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498A_Victim (service)     11 March 2016

Divorce stages after written statement

Hi All,

in responce to Divorce petition filed by wife,  I have submitted Written statements last week in family court. As the judge was on leave, court has given next date of Apr 2016.

Please tell what are the stages in this case ahead, and how will wife will prove her allegation of cruelty and impotency on Husband. Also How much time overall it may take.

Note: There is 498a pending also which is stayed from Allahabad High Court, (UP).thats the reason I have chosen to  fight the case and not to give ex-parte to her. There are contradictory statements in divorce petition and 498a  FIR also.

 

 

 



Learning

 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     11 March 2016

U have to fight her other allegations on merits in the lower court and prove innocent.

ROHIT SHARMA (Legal Advisor )     11 March 2016

1. There are procedural laws for trial of matters before a Court of justice.

2. The stages are :

(a) After submission of your counter W.S. the court will frame the issues.

(b)  After that she will depose her oral testimony which is knwon as the procedure of examination in chief. During this process she will be required adduce evidences for to sustain her allegations.

(c) After her E-i-C is over then your advocate will cross examine her and her witneses with an aim  to disprove all her allegations.

(d) After the clsoing of her cross examination the same procedure will then be followed by the respondnet.

(e) When both the parties have concluded their such process then the matter then the stage of oral arguments will proceed. Both the parties will get such opprtunity.

(d) After that the court will fix the date of judgemnet and deliver it on the date it is scheduled.

3. But, usually the court before starting the trial will delegate the matter for mediation and counselling. This is an opportunity given to both the parties to compromise and amicably settle their diffrences before a mediator and counsellor.

4. Do not worry, if you contest such petition with firmness and adduce evidences as to negate her allegations then the court may not grant the divorce decree.

 


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