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How do I take the non-producing of counter to my advantage


11-Feb-2023 (In Divorce Law)

Hi I had lodged a Dv case myself with help of a protection officer.My husband's lawyer was taking dates saying he will do a counterfile for the case. Since it was prolonging without any reason, I got a lawyer assigned from legal aid. Now my lawyer is saying that the opposite party do not want to file counter. Hence I need to proceed to produce evidences for all my allegations. Does it mean the opposition has agreed on all my allegations since they did not counterfile?Can we appeal to the judge on this before producing the evidences? How do i take the non-producing of counter to my advantage?

Answers (1)

Answer #1
139 votes

If there is no counter affidavit filed then yes it would mean that your claims have not been refuted before the court. You may therefore proceed with the stage of evidence. There is no need to clarify this before the court as it is part of court procedure. Therefore there is no cause for concern, you may proceed with your case as it stands. Feel free to get in touch with the LawRato team at 9599-000-555 for further assistance.


Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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