InGodWeTrust 14 February 2020

Evidence stage: no objections filed yet by opp party

Brief history: Received the contested acquital in the 498A case. Now I have filed contested divorce on grounds of cruelty, adultery, desertion. RP1 (lovely) and RP2 (adulterer) have received the summons, came to court initially but havent filed the objections yet. Court has now indicated Objections as nil and asked for my Evidence in the next hearing.

Few questions:
1. Once I produce all the evidence in the next hearing date, is there a possibility of RP1,RP2 coming and filing their Objections at the next/ later date and that gets accepted by the judge. If yes, my concern is: opposite party will get to know all my evidence and get an upper hand and my case will go back (instead of moving ahead) by few stages.
What steps can I take to prevent this from happening and any other things I should consider while producing all my evidence in the next date.

Thank you very much in advance.

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Quick Summary

In a contested divorce case, the opposing parties have not yet filed their objections despite receiving summons. The court has noted 'Objections as nil' and requested the petitioner to present their evidence at the next hearing. The petitioner is concerned about the possibility of the opposing parties filing objections later, potentially gaining an advantage after seeing the evidence. Advice suggests filing all evidence at once, including affidavits and written arguments, and considering an application under Section 21B of the Hindu Marriage Act to prevent delays.

3 Replies

Advocate Suneel Moudgil (Advocate) 15 February 2020

1. since they are not appearing i am presuming the case is proceeding ex parte against them,

2. if yes, submit complete evidence in one go and close on the same day and also submit the arguments on the same day or on the next date, however, upon their appearance, if the Court set aside the ex parte order the case will reach its previous stage,

ANAMIKA VICHARE (LAWYER) 17 February 2020

Yuu pl do your job. Keep ready your Affidavits of evidence, yours as wellas witnesses n keep thewritten notes of aruguments. If the other party comes, they wll file setting aside aplication. If they do notturn up,your matter will b kept for judgement. Yu cannot restrain other party from apearing. But I think they wont appear.

aarjun vhajage (Lawyer) 21 February 2020

1. Once I produce all the evidence in the next hearing date: Dear friend, our judiciary system expects, who needs justice, should go before the court with clean hands. If you have confidance and you have enough evidence, file your evidence affidavit.

is there a possibility of RP1,RP2 coming and filing their Objections at the next/ later date and that gets accepted by the judge. YES. They cant take objection on your evidence affidavit, what ever they can do, in your cross examination.

my concern is: opposite party will get to know all my evidence and get an upper hand and my case will go back (instead of moving ahead) by few stages.: Give application U/s 21B of hindu marriage Act. (Read it first)

What steps can I take to prevent this from happening and any other things I should consider while producing all my evidence in the next date. : Dont keep back anything, file all evidenc at once.

Your acquittal from 498A is the best evidence to get divorce.

Thank you.

Adv Arjun vhajage,

Pune