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ramesh (software engineer)     22 August 2014

What to expect after filing counter petition?

My lawyer has filed a counter petition denying all the false allegations listed in the divorce petition submitted by my wife and he said the next court date is on second week of september. As the counter has been filed what should i expect on the next court date?

Will there be additonal allegations from the petitoner? Or will there be any cross-examinations? I live in USA so just curious to know in what phase of the court proceedings I will have to be present in the court? My lawyer said I may need to be in the court during evidence stage. Is there any typical number of hearings will be followed before moving to the evidence stage?

Please share your inputs as what should I expect going forward after filing the counter petition.

Thanks a lot.



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 3 Replies

Tajobsindia (Senior Partner )     22 August 2014

1. May be their (other side’s) ‘Rejoinder’ to your written statement. 

2. If not then admission-denials of documents will be call of the Court Order. 

3. Your presence is required during ‘Evidence’ stage. 

4. Based on various subjective issues it is difficult to predict near about dates trial could take to come to Evidence stage and or some finality.

5. After filing WS other than Civil Court proceedings matters (usual phases a Civil cases goes under) you may expect following;

~ Reconciliation proceedings where parties are sent before Counselor to patch up,
~ Maintenance (multiple may be) case from her,
~ Talk on Mutual Consent Divorce if she suddenly finds a better moolah or career opportunity,
~I donot know nature of your wife whose special knowledge only you have so say if she is metro wife then expect Criminal Family Law cases on you – your family,
~ Frustration,
~ Money drain on legal service fees,
~ New Bills from legislatures becoming Law and its applicability in your case – scenarios,
~ Advocate changes,
~ Moving to higher Court under Appeal,
~ Strategy initiatives,
~ Loss of peace of mind,
~ Feeling of Joy (i.e. turning bipolar),
~ Career growth,
~ Worries,
~ Calling India a Banana Republic,
~ Parents getting sick,
~ Kick-out from current Job,
~ Taking more of International Laws and saying Indian Laws are stupid,
~ Midnight oil burning due to more reading family law discussions,
~ Networking with Indian family law victims to seek same opinions as man is never satisfied with just one opinion :-)
~ Constantly looking out for making a local G/F,
~ More ISD Calls to parents – family members than what was your norm in past,
~ Feeling of over smartness and thinking rest are fools and/or mis-guiding you etc. etc.


PS:
You can add your international wisdom to above list for posterity (Indian family law victims; means).


[Last reply]

1 Like

yogendra (engineer)     22 August 2014

Man can't be oversmart in front of Indian woman laws.These indian laws already make woman very strong.

ramesh (software engineer)     23 August 2014

@ Tajobsindia,

Thanks for the inputs. I was expecting the anticipated court activities which you very well covered up in the first five points and towards the end, it appears, the list was about the anticipated emotional and financial troubles. It was kind of depressing and funny at the same time (maybe I am bi-polar already :)). I vouch I’ll not call India a banana republic :).

However, Thanks a lot for your time and inputs.


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