Hello Meenakshi...
Here are some legal suggestions.
You can ask your lawyer to request time to give your reply.
And even if divorce is granted, you can put set aside petition within 90 days...
But... You wrote that you left matrimonial home 3 years back.
If you willingly left matrimonial home, it is a desertion and your husband will be given divorce on that ground.
As you willingly deserted him, you are entitled for a maintenance of Zero Rupees only.
"I never told that I don’t agree to go back to matrimonial home. But he never called me."
Why do you expect him to call you back as you only left willingly 3 years before?
If you don't want divorce, no need of any legal help. No need at all.
Like you left 3 years before, you should simply return back to your matrimonial home.
That's all. Your matrimonial life is restored. Your son will also get his father back.
You will become the best wife and best mother of the universe.
Why are you waiting till judgement day to put drag the case again to create tragedy for your husband?
You had time to file maintenance case. But did not go to court to counter your husband's divorce petition.
Why are you waiting for a new judge?
Is the new judge going to be in favor of you? No judge will favor any party. Judges are neutral.
Or you simply want to drag the case by confusing the new judge?
So sad and pathetic.
And your son will miss his father.
You may want to harass your husband.
You may not want your husband but want only his money.
But your son needs his father.
Can your son file a case to live with both of his parents?
Law is blind.
It cannot understand the injustice done to the boy by denying his parents.
Law can help break families. Let us not allow that.
A child cannot speak for itself.
Let's honor the right of the child to live with both of its parents.
https://www.lawyersclubindia.com/forum/A-child-cannot-speak-for-itself--115462.asp#.VMJI9keUeL0
