Can reply stage in divorce proceedings be opened again
I have applied for divorce on ground of adultery (strong evidence), cruelty (strong evidences) in June 2015. Till date my wife used to come in court on different dates, but has not replied to my petition. I have submitted one application to close her reply stage in 25.11.15 and yesterday (20.04.17) after giving due time court has closed her stage of Reply, how this can help me in further proceedings.
I request you to
1) please guide me what shall be now further stage on next date.
2) Can her stage of reply be opened again by same court please note that order is been made by court against my application to close her reply.
3) Can she move to high court to get her stage open.
4) On what grounds and provisions her stage of reply can be opened.
5) What shall i do so as her reply stage is not opened again.
Asked in Family Law from Ahmedabad, Gujarat
1)since wife has not filed her reply inspite of sufficient time being granted court will proceed with the mater in absence of written statement
2)wife can make application to court that her written statement be taken on record and delay in filing WS be condoned
3) court may in interest of justice permit her reply to be taken on record
4)court would direct her to pay costs
5) if no such application is made by wife you should file your affidavit of evidence on next date
1. it appears the court has fixed the case for ex parte hearing. However your wife can still file her reply on applying condonation if delay.
2. same as above
4. Court never allows one sided order when both parties are contesting on record.
5. Give your evidence.
1. Since the court has refused to give further opportunity to your wife to file her reply the only remedy now for her is to move the High Court against the order of the trial court. Only the HC can now give her further opportunity to file the reply.
2. If she is able to convince the HC that she was prevented by sufficient cause from filing her reply then the HC can give her another opportunity to file the same with costs.
Once the court closed her reply, it may direct you to proceed with enquiry/trial, depose yor evidence and produce your side further witness and then it may permit them to cross examine you, once it is completed, they may be given chance for Defence witness, after which you will be permitted to cross examine their side witnesses.
After that the court would post the matter for trial and then judgment will be passed.
If she files a petition for accepting her counter to the main case before you begin the trial the court may consider the same.
But you will be given chance to place your objections to the petition she filed to permit her to submit her written statement/counter.