Replication can be filed after framing of issues?
Raj
(Querist) 12 June 2015
This query is : Resolved
Sir,
My cosuin has filed the case of divorce in 2013 which was transferred by girl to her native city..She filed the written statemnt in May 2015( after failing of conciliation)..The family court judge after receiving of her written statement framed the issues and fixed for petitioner evidence..We want to file the replication against her written statement as she has made counter allegations against the husband.
Please inform whether replication can be filed after the settling of the issues?
If the judge refused to accpet the replication, what will be the remedy for placing the replication on records??
Dr J C Vashista
(Expert) 13 June 2015
The rejoinder (not replication in HMA Case)should have been filed before framing of issues, the court will not accept thereafter. However, rejoinder shall serve little purpose in a matrimonial dispute, averments of which can be brought out intelligently in the evidence/cross-examination.
Rajendra K Goyal
(Expert) 13 June 2015
Agree with the expert Dr J C Vashista ji.
R.K Nanda
(Expert) 13 June 2015
replication/ rejoinder cannot be filed after framing of issues as issues are framed by court after filing of replication/rejoinder.
Raj
(Querist) 21 June 2015
sir, the family court has framed the issues without any giving any opportunity to file the rejoinder to the petitioner
Dr J C Vashista
(Expert) 21 June 2015
Dear Raj,
Do you have any other relevant point to be included in reply to the written statement/ reply by the respondent which was overlooked before framing of issues? If so, you can file an application before the court to frame additional issue, however, stage of filing of rejoinder is left behind.
Otherwise, formally there is no such provision/requirement to file rejoinder.
