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Amit (NA)     07 October 2012

Not filing counter

I filed divorce petition an year ago and in return my wife filed maintenance (two cases) and RCR 5 months ago. All counselling sessions are over and have failed. No counter has been filed by my wife so far.

Now when we brought this issue to the notice of the judge that she's not filing counter, the judge did not listen and instead told us both us have to file counter at the same time.

Is that the procedure? What't the step forward now? Should I go ahead and file counters for her cases? What if she does not file her counter even then?


 4 Replies

Tajobsindia (Senior Partner )     08 October 2012

1. It means ld. PO has clubbed both case in h/er Court.
2. You may file counter to her RCR as instructed,
3. Keep handy an Application to close her Reply if on next date she does not bring on record her reply to your Divorce.
4. In the Application pray for closing her reply to your divorce matter and proceed in accordance with Law.


Amit (NA)     08 October 2012

Thanks @Tajobs.

What about the maintenance cases? I guess you mean to say I need to file all counters and then in the next hearing file an  application for closing her reply if she does not file her counters.

Tajobsindia (Senior Partner )     08 October 2012

  1. Yes.
  2. From your brief I can see two maintenance cases. One I can understand is for HMA but the second one is filed under which case? Nevertheless you have to file reply in two maintenance cases too.
1 Like

Amit (NA)     09 October 2012

Yes, one is Sec.24 HMA and the other 125 CrPC.

Also, @TaJobs, I need some suggestion from you, so I'm going to PM you soon. I hope you'll help me as it's critical at this stage. Thanks for your help so far.

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