What to do if Family court asks me to submit Affidavit to dispose the case in 3 months
Situation : I am Respondent in divorce case in Hindu marriage, filed by my wife. During counselling stage, i was set Exparte for non appearance of 2 hrg's. And the stage was petitioner (wife) exparte evidence. Immediately I filed set aside petition IA u/r Or 9 r 7 within 30 days. My IA petition allowed with 2 conditions 1. Husband to pay Cost Rs. 5000/- to wife 2. Husband to give undertaking in the form of affidavit binding himself to give his fullest cooperation to dispose the original divorce petition within 3 months.
Allowing set aside petition with cost 5000 Rs. Is ok , but additional condition to submit Affidavit- In a family matters can family court pressurrize the respondent / husband like this taking advantage of allowing set aside petition in civil procedure code order 9 rule 7. I am ready to pay cost but how to avoid submitting affidavit to dispose case within 3 months
Please suggest what to do. Should I apply revision or review petition.
Lawyers answer this question
Disclaimer : This answer is based on information given by you hence, It is just opinion of Lawyer. For specific answer you have to give details and facts and choose the Lawyer of your choice.
Lawyers: To answer this question, please Sign In
to your account or wait for admin approval.