Question relating to Family Court Cases
helpjusticewin
(Querist) 25 November 2010
This query is : Resolved
Respected Sir / Madam,
The question i am asking is to save my marital life
I have been appearing as party in person in the family court since the last 1 year
Even before the expiry of 6 months of marriage, my husband filed permission for dissolution of marriage, which subsequently was dismissed as not maintainable
I have so far not filed any counter
At this stage, 2 months back fresh petition for divorce has been filed by my husband's counsel
I have evidences to prove that the case is baseless and ficticious and it was at the insistence of my in-laws the same has been done by my husband, also i have prepared extensive counter for the same
The pre litigation process of counselling, special psyciataric counselling etc has been attended by myself and my husband during my pregnancy , and after that too..
Now given the scenario, i have asked the hon'ble judge to give me time for filing the counter.
How soon will the case be called for trial once my side counter is filed
What is the process?
Since 11 hearings have already elapsed and 9 counsellings are over, i want to know answers for my 3 below mentioned questions:
Q1. How soon will the case be called for a trial for me to prove my statements mentioned on the counter
Q2.Is there any procedure for expediting the process.
Q3. What exactly is the procedure for filing the counter as party in person - which forms or any other documents do i have to submit at the court for the same?
Thanks for your time
Regards,
Help Justice Win
helpjusticewin
(Querist) 25 November 2010
I have forgotten to include that when the permission seeking dissolution of marriage was filed by my husband i was in my 4th month of pregnancy. and the petition for divorce is under the grounds of cruelty - mainly featuring that my in-laws are mentally disturbed
Devajyoti Barman
(Expert) 25 November 2010
1. Once the Issues are framed the suiit would be posted for trial when the plantiff, here your husband would first get the evidence and after cross examination if he does not wish to lead any other witness then you could give your evidence with documentary proof , if any.
2. Not much except doing nothing dilatory from your side.
3. You have take the leave of the court for appearing in person.
helpjusticewin
(Querist) 25 November 2010
Respected Sir
Thanks for your reply
I need to understand the procedure for appearing in person.
So far i have said that " I am party in person" and attended all the hearings, since there was no counter filed from my side, it did not have any impact, i saw on the petition of my husband, there are statements like " Signed before Me : Advocate" etc, so what similar statements should be made by me and also through word of mouth I heard that a form for the party in person needs to be filed (i am not sure about this, i heard this from a person who was also attending the court) , so if you can throw light on this, it would suffice.
Thanks again
adv. rajeev ( rajoo )
(Expert) 25 November 2010
You file your objections to the main petition, there will not be stage for framing of issues in matrimonial cases. So next stage will be for hearing i.e., evidence of the petitioner.
For your second question: You need not to do all those whatever you have asked in your second question. Just you have to sign on the objections and to file. If you want sworn affidavit then you have to do whatever you have asked.
Guest
(Expert) 25 November 2010
Along with the counter, you have to file all the requisite documents. After that, husband may seek permission and file rejoinder (reply to your counter). Later on husband (Petitioner) bring his and his witnesses' evidence by way of affidavit and you are allowed to cross-examine them. Then you will be given opportunity to file your own affidavit and your witnesses affidavits. Your husband's counsel will be given opportunity to cross examine you. Finally, his counsel will argue the case and later on you will be given opportunity to argue the matter.
I do not know why you are interested to appear as party in person. If it is for the reason that you cannot afford the advocate, you do not hesitate to take my assistance free of cost in your counter's drafting and in your affidavit's drafting and any further legal advice. I will be available on my e-mail i.d. karlprabhakar@gmail.com.
