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Vinodhini (SSE)     29 October 2010

Filing Counter What is the procedure after that

Hi ,

My husband has filed divorce case against me and we have been undergoing counselling sessions all these days.Now am filing counter this month.What will be the next step in court.I am really scared about these court procedures.Can someone explain me the court procedures?.My lawyer tells me that in Chennai HC it is petitioner in person and i need to talk .Is that the case.

 

 



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 5 Replies

Arup (UNEMPLOYED)     29 October 2010

petitioner in person  means the petitioner (here yr husband) appears in person ( appearing at court by  himself without any lawyer)

1 Like

Arup (UNEMPLOYED)     29 October 2010

1. your husband filed divorce petition.

2. councelling going on.

3. you are going to file counter affidavit.

4. if councelling failed, the court will prepare issues.

4a. if any of the spouses have no independent income and dependent financially over the other party - interim maintenance may be claimed. mind that maintenance is a seperate case. maintenance case to be decided at first.

5. thereafter, issues will be distributed to both the parties. regarding issues if any objection you may raise it at court.

6. summuns will issued to all witness which required by the court according to (on the basis of your prayer of both the parties) your requirement.

7. now witness and evidence will be taken. firstly petitioner's witness, thereafter respondent's witness.

7a. now may claim permanent maintenance.

8. thereafter arguement will be started.

9 after arguement, court will pronounce it's decission, that is judgement - order.

in between, at any stage if any party dissatisfied, the party may go to high court or higher authority of that court..

 

3 Like

Vinodhini (SSE)     29 October 2010

Thank you for clarifying me on this

superfast munnabhai (trainee)     29 October 2010

Adv. Arup Sir,

 

You are simply great!!!

 

superfast munnabhai (trainee)     29 October 2010

Adv. Arup Sir,

 

Wud you mind If I get to send PM to you. Please add my name to your friends list. Sir.

 

My case stopped at the stage::4a since ages.

Its not moving forward due to hundreds on hurdles.

 

 

I wanted to save my marriage and still want to so, Best of our married age is already gone behind.

Due to this delay in Court only it is escalated more and more.

 

 

I was given the impression by my lawyer that whole case would get disposed off in 8 months flat.

 

Hearing and decision on "Interim maintenance" is not taking place due to

1. Each party asks to produce newer and newer documents

2. Adournemment due to such a silly reason that make anyone sick.

 Hene rest of the case is stuck!!!

 

 Can I request the Judge to please please go ahead with rest of the case, if other party is not making any moves on interim maintenance application?

(Anyways interim maintenance asked is from a backdated date!!! If that is given I have to pay from day 1)

 

 

Do you have any suggestion for me, Sir.

 

 

I don't see any single case where husband defended and finally got the case dismissed and 'no divorce' granted to wife. Is that true?? or pressuring tactic by opposite lawyer??

 

My wife wont' go to supreme court.

 


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