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NC (BM)     23 April 2013

Rejoinder rejected by family court- advice!!

I (husband) filled a petition for divorce on 9th May 2011 under section 13 – Hindu marriage act on the basis of cruelty.


After 4 months, my ex filled an FIR in Mahila Police station under section 498A and 406. Also she filled petition under domestic violence (section 18,19, 20, 22 and 23).

After an year from the divorce petition, she submited her reply. She simply refused all the allegation in one line by stating that "pera 2 to the end are not true and she disagree". They did not refuse any of the allegations in detail instead she raised some alligation on me which was the same fake story which she mentioned in FIR and DV petition.

To disagree from the new alligation of her reply in divorce petition, we filled rejoinder where we denied her allegation in detail and also submitted the proofs. The opposition advocate than filled a request to court that there are no new facts in the rejoinder so they must not consider it to put on the record.


There was argument and I was made under impression by my advocate that the argument is just a formality and always rejoinder is taken on the record in the family court. To our surprise, the magistrate passed on order not to take the rejoinder on the record stating that it is not clear that what new facts are there in rejoinder.


Now I want to understand...


1. Is the rejoinder is really so necessary? What are the impact if it is not there?

2. My advocate was saying that he is going to re-look at the order sheet and rejoinder again and if he felt like, we have to challenge the order in next court. By hitch is if we do so, it will unnecessarily delay the divorce case.

Please suggest.


PS :: We are also going to file application to expedite the divorce petition under sec 21B of HMA.



Learning

 4 Replies

ajay sethi (lawyer)     23 April 2013

you have filed petition for divorce under section 13 of HMA on grounds of cruelty . your wife is required to file her written statement . you have stated that in her reply that she has in beirf denied all allegations .

you have stated that "She simply refused all the allegation in one line by stating that "pera 2 to the end are not true and she disagree". They did not refuse any of the allegations in detail instead she raised some alligation on me which was the same fake story which she mentioned in FIR and DV petition. .

you dont need a rejoinder to written statement . after issues are framed and you file your affidavit of evidence mention detailed particulars of crulety inflicted upon you by your wife . you can rely upon the documents in support of your case .

1 Like

NC (BM)     23 April 2013

Originally posted by : ajay sethi

you dont need a rejoinder to written statement . after issues are framed and you file your affidavit of evidence mention detailed particulars of crulety inflicted upon you by your wife . you can rely upon the documents in support of your case .

Ok. Well noted that after issued are framed, I file my affidavit of evidence mention detailed particulars of crulety.

My only hitch is if we will not deny from the alligation she has put on me in her reply, will it not make any impact. Thought I have evidence against almost all the alligation that she put. Do you suggest that we should use them in argument after they submit their evidence.

Adv k . mahesh (advocate)     23 April 2013

rejoinder is filed to defend any new allegations and existing allegations to be raised by providing support evidences to that document 

in the way your lawyer is trying to take another chance if the order is not correct and some time the same allegations will be repeated in different manner and end result will be different 

1 Like

Adv k . mahesh (advocate)     23 April 2013

after seening the evidence what they have filed you can argue them and you can file your evidences also 

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