Petitioner not present after filing ia from my side
mrgop
(Querist) 25 February 2012
This query is : Resolved
wife filed for Annulment on ground of my impotency, and I filed IA for my potency test during evidence stage.
Both parties and advocates were present on all dates until I filed application for my potency test during evidence stage. Since then three dates passed and only her advocate was present from her side. Judge is giving next date without saying anything.
a)So, what should I do?
b)What will happen to my IA for my medical checkup if she remains absent in the forthcoming dates also?
c)Will her annulment petition get dismissed even though her advocate is present but she remains absent in the forthcoming dates also?
d) Will my IA be allowed expartee in such a situation?
V R SHROFF
(Expert) 25 February 2012
You were suggested last time to file counter.
if you file, you can get order in your favour either side.
She cannot withdraw, and otherwise also your case demanding divorce on false allegation of impotency survives.
But you don't understand. OK, take advise from your Lawyer.
Perjury is at the pleasure of court. Counter is at your pleasure.
prabhakar singh
(Expert) 25 February 2012
a)Press your IA in court through your advocate.
b)If she absents and her lawyer does not seek adjournment or seeks but court rejects then court shall grant your prayer.
c)Only when she and her advocate both are absent or present but do not participate in the proceedings or do not seek adjournment,
her petition shall be dismissed otherwise not.
d)yes, if her lawyer does not file any objection.Even on merit your IA has to be allowed.
Rajeev Kumar
(Expert) 25 February 2012
I agree with Prabhakar sir.
Shonee Kapoor
(Expert) 25 February 2012
Agreed with opinion provided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
mrgop
(Querist) 25 February 2012
I have already filed reply denying all allegations to her annulment petition, and also have filed RCR. So, in my advocate's opinion, its not feasible to file counter demanding divorce at this stage. Is my advocate thinking the right way?
Raj Kumar Makkad
(Expert) 25 February 2012
1. Pray to the Court to accept your IA
2. There is no need of her personally coming to court on each and every hearing. She is being represented by her lawyer so there shall not be any adverse impact over the case.
3. No.
4. No because her lawyer is representing her.
