Divorce.

@ Author

1. No.
Reasoning:
Her Divorce Petition was admitted. Copy received by you.
Written statement / reply filed by you with your denial and or admission whatever.
Now it is her side’s choice to file or not to file a ‘rejoinder’ to written submission / reply to divorce petition.
On next date admission / denial followed by ‘framing of issues’ will happen. Your side may submit views on 'issues' hence it is not late even now.
Well she has to prove "one single incidence" among 10’s she might have mentioned under ‘cruelty’ grounds which leads "injurious to her life and limb to live with you". [Mostly a metro woman succeeds at the end of the day someway or the other]


It is not blasphemy to come to Court empty hand OR were you expecting 10 volume ‘rejoinder’ to your reply to her divorce petition!!!!


BTW, she is seeking divorce and you want her divorce stand to be dismissed so what do you want instead of divorce from her at the end of your relationship with her? I donot mean to say to you not to contest but was just curious to know in the light of your peculiar query before us!

There is nothing peculiar in my query.My simple question is that suppose there is no reply to my counter even in the next date then in how many dates can my lawyers press for dismissal.

1. What are the grounds for dismissal your lawyer want to press? She might have stated 10’s of false facts in her divorce so what we say, that does not mean as soon as you file your reply and she comes empty hand to court after few days your side are entitled for dismissal of her divorce!


2. Simply writing “wrong and denied” in your reply to all / most of her allegations of cruelties does not entitle your side to press for dismissal. It is after Court does a “enquiry” a petition for divorce is dismissed. Or if it is lacking Jurisdiction it can be dismissed immediately. Or if you are not her husband and falsely implicated in a divorce suit it can be dismissed immediately. Or if both of you were already divorced and she roped you again in second divorce case then it can be dismissed immediately.


3. Law does not bound down her to file a reply to your reply’.


4. Law also does not entitle you to file tomorrow or in 30 / 60 / 90 / 120 days ‘dismissal’ application since she did not reply to your reply and came empty handed on last date of hearing


There is a due process in Law and from your enquiry the first few steps are followed as per civil procedures, wait now for issues framing and contest the case and let Court do the ‘enquiry’.


This time I hope your query is simply replied. 

Our counter to her divorce allegations were filed by denying each and every allegation supported by facts and proofs.Each and every allegation was countered by us by a supporting proof which very clearly presented that her allegation is false and baseless.Our counter was a 10 page document expressing in detail what the actual fact was and what was falsely hoisted by her to attract the provisions of the law.Each and every point was countered by evidence to substantiate our reply.She and her lawyers did not expect such an exhastive reply which was very evident when it was filed as both her as well as her lawyer were visibly upset and grim on going through it in court.According to us we countered every clause leaving not even one by submitting bare and truthfull evidence which were collected by me over the years which i knew would help as she would be capable to hoist such false claims and allegations.The counter we have filed itself is fully contained with facts and supportive documents and we that is why feel she wasnt able to reply to it as actually speaking are not true and framed.

I hope you got my point.

@ Author

1. I got what you wanted to ask from us the very first instance and was trying to explain to you that nature of Family Law suits its is very rare to get Judgment at admission / denial stage as it is purely discretionary aspect as per procedural law.


2. O VIII / R 5 CPC which deals with denials Hon’ble SC observed that sub-rule (1) of R 5 provides that any fact stated in the plaint, if not denied specifically or by necessary implication or stated to be not admitted in the pleading of the defendant, shall be treated as admitted. It further observed that under R 3 of O VIII CPC it is provided that the denial by the defendant in his written statement must be specific with reference to each allegation of fact made in the plaint. A general denial or an evasive denial is not treated as sufficient denial and, therefore, the denial, if it is not definite, positive and unambiguous; the allegations of facts made in the plaint shall be treated as admitted under this Rule. The court is empowered under O XII / R 6 CPC to pass judgment and decree in respect of admitted claims pending adjudication of the disputed claims in the suit.


There is no time limit to file “dismissal” application based on your last reply para here. You may try your luck.