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Law Querier (Service)     21 August 2016

Rise the issue of law after striking of stage of w.s (reply)

In Hindu marriage petition of divorce before family court, the respondent’s stage of written statement has been closed by family court due to non-filing of written statement though enough time granted to the respondent.

But, the divorce petition is non-maintainable and liable to dismiss according to legal grounds (issue of law).

Question: How can respondent take objection against the divorce petition (as it is not maintainable according to law) though his stage of written statement is struck off?



Learning

 2 Replies

Sidharth   21 August 2016

you still have right to file "Application for dismissal of divorce petion on ground of _________ .

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     21 August 2016

Just continue with the case as per normal procedure. Cross examine the petitioner., Thereafter address arguments to the extent of the maintainibility of the petition. The only thing you are precluded from doing is to file a WS or to lead evidence.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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