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Rakesh Agr (fighter)     13 September 2017

Written objection in divorce case

Dear All,

Wife has sent a 15 page divorce petition with allegations. I had prepared a detailed response denying each allegation and then mentioning the true facts or actual issue. However my lawyer is refusing to submit it. He prepared a 3 page written objection where he has just denied each paragraph. He is saying later on during evidence we will give details,

Is it possible that I just deny the allegations and later on we can give details? Is it a good idea just to deny wife's allegations.


 4 Replies

Raveena Kataria (Advocate )     14 September 2017

Hi, in my opinion, you must go as far as to deny the allegations, but it's better not to divulge the details in your response as of yet. Your advocate is correct in assuming the details will come in handy once it's upon the defense to establish their evidence in court and present its case. Best pay heed to his advice!

R Trivedi (advocate.dma@gmail.com)     14 September 2017

This is really appreciated. People generally are very diffident infront of doctors and lawyers. A litigant must know how his case is proceeding and how the actions of his lawyer are best and reasonable efforts to get favorable or least damaging outcome. Now coming to the specific point, it's a civil case, rebutting each point with some details will not be harmful. Mere denial of each point is a right strategy when the onus is completely on the other side to prove, but in such cases you can take up the pointwise precise rebuttal in your response.

sai narayana   14 September 2017

Brother if you really want your wife back do out of court efforts only because, if a man want's divorce it can be stopped whereas a woman wants divorce there is nothing we can do except bargaining for lower package.

So do what ever your lawyer said and also mention in the end that you have no objection to divorce provided zero or whatever the amount you are willing to give as compensation. (If she is employed quote zero). That's enough.

Adv Radhika Mehta (Advocate)     15 September 2017

As per the provisions of Order 8 CPC, denial has to be specific. It is necessary that the point of substance should be answered.  And the provisions of the Evidence Act demands that when any fact is within the knowledge of any person, the burden of proving the same on him.  Therefore, it is necessary to provide a detailed reply as far as possible coz you may or may not be allowed to elaborate on the same later on. 

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