Strategy
mayuri
(Querist) 25 March 2014
This query is : Resolved
my sil file a divorce petition under HMA 13-1[i-a], u/s sec. 24 & 25.in may'13.
1st date of counselling was in dec.'13 and 3rd date will be in may'14.
lawyer advise is to file written statement/reply to petition after counselling is over.
is it right strategy ?
ajay sethi
(Expert) 25 March 2014
file your WS after counselling as advised by your lawyer
mayuri
(Querist) 26 March 2014
1] my lawyer : to file WS/reply of petition once mediation will be over.
2] adv. sethiji : file your WS after counselling as advised by your lawyer
3] adv. barmanji : Yes, file WS first.
m confused : whether decision of my lawyer is right or not.
V R SHROFF
(Expert) 26 March 2014
Apply to court to grant time to file WS after counselling is over [ in violation of 30/90 days as per CPC.]
If court allow it, you are on safer side.. Otherwise , u r at risk of no SAY.
and will need to file application to condone delay, wasting further time of 6 months!!!+ pay cost..
[Apex court verdict: mediation/ conciliating/ settlement talks are not valid reason for delay con donation. ]
mayuri
(Querist) 26 March 2014
from ld. adv. i feel tht either my lawyer does not knw or .... cann't say.
feel v r in fix bcoz they demand huge alimony which v cann't afford even selling all these v hv.
wht is the remedy ? bcoz opp lawyer surely take objection to it. it is benefited for client.
who missed the chance to strengthen own case.
mayuri
(Querist) 26 March 2014
pl. give ur expert guidance
ajay sethi
(Expert) 26 March 2014
it is in your interest to delay proceedings . your SIl has filed for divorce she is demanding huge alimony . if divorce proceedings take time she will come for reasonable settlement . hence decision to file WS is correct strategy . in many cases WS filed after one year also . if court objects take application for condonation of delay . at most some nominal costs have to be paid .
you must learn to trust your lawyer .
mayuri
(Querist) 26 March 2014
sethiji,
not a question of trust.
like mistake unknowingly made by doc. patient has to suffer.
in same manner should not u believe it may apply everywhere.
v r novice.
mayuri
(Querist) 26 March 2014
moreover, why opp lawyer loose chance to take objection to it. it is benefited for own client.
who miss the golden opportunity to strengthen own case ?
in this regard, i thank you to put some light for novice person like us.
Rajendra K Goyal
(Expert) 26 March 2014
Your lawyer work for you and for your interest, knowingly he would not adopt strategy which may harm your case. Opponent lawyer has been paid to raise objections on each and every step of yours, your lawyer is there to handle. cases are decided on merits.
So called unknowingly mistakes, may be part of strategy with calculated risk, may not fetch desired results, but part of game, can not go away from it.
In your case delay tactics is good strategy.
mayuri
(Querist) 26 March 2014
counsellor told my sil shall she recommend for JUDICIAL SEPERATION ?.
can a divorce petition [HMA 13-1[i-a], u/s sec. 24 & 25] be converted into JUDICIAL SEPERATION.
some one inform us tht in JUDICIAL SEPARATION, no one can challenge alimony, maint. etc.
is it true ?
mayuri
(Querist) 27 March 2014
means can oppose to
1] conversion of divorce petition [HMA 13-1[i-a], u/s sec. 24 & 25] be converted into JUDICIAL SEPARATION
or
2] alimony, maint. etc. [in other word can challenge it]
mr. snehal
(Expert) 27 March 2014
Please go by your lawyers advice.
Devajyoti Barman
(Expert) 27 March 2014
First file WS. Do not waste time in filing it.
