Ld. Members,
I am facing a maintenance suit filed by my wife when I initiated RCR proceedings against her u/sec 9 HMA.
I'd like to request written arguments by the wife over the maintenance suit under Order 18 Rule 2(3A) of the CPC which says
"
(3A) Any party may address oral arguments in a case, and shall before he
concludes the oral arguments, if any, submit if the Court so permit concisely
and under distinct headings written arguments in support of his case to the
Court and such written arguments shall form part of the record."
If the other party (e.g. me) requests written arguments, it is mandatory for the other party to file written arguments under the above code? Or is it simply voluntary that the other party can ignore my request under the above code and make oral arguments only?
Can I safely file an application to the Court to request the written arguments from her party?
Pl. explain
rajesh