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Dibyakanti Modak   15 January 2022

Replication for Counter claim

Respected Members,

I am the defendant of matrimonial case lodged by my wife praying for a decreee of Divorce. I've submitted my w.s. with Counter claim to get a decree of Judicial Seperation.
so, being defendant can I also submit reaplication when she submits her reply to my counter claim?


 5 Replies

Dr J C Vashista (Lawyer)     15 January 2022

If you find some new information / fact pleaded in the written statement of the defendant (wife) for counter claim, you may file replication.

However, what is the difference/ requirement of filing of counter claim for judicial separation in a case for divorce ? Whether such counter claim is maintainable and admitted ?

Advocate Bhartesh goyal (advocate)     15 January 2022

Replication can only be filed when defendant pleads new facts else not.

Aryan Raj   15 January 2022

In response to your query,

Replication is a reply, filed by the plaintiff, against the "written statement" of Defendant. "Replication" should also specifically deny the allegations raised by the Defendant in written statement. Anything not denied is deemed to be accepted. Hence if there are new allegations raised by your wife in the written statement then you may file a replication denying them otherwise there is ko need for any replication to be filed.

Regards,

Aryan Raj 

Dibyakanti Modak   17 January 2022

sir,

the counter claim was admitted by the Ld. ADJ. now I am waiting for her written statement om my counter claim on next date.
I'll submit application to keep one date reserve to file replication on my behalf after going through her written statement.
My whole intention behind judicial separation is to keep her like a neck bone as she had been playing with me with her weapon like 498A IPC and 125 crpc.

Dr J C Vashista (Lawyer)     17 January 2022

Your conception to "...intention behind judicial separation is to keep her like a neck bone..."  is not maintainable and misconceived concept of law.

Consult another local prudent / senior lawyer 
 


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