I have put contested divorce What happens in chief of petitioner stag

601 votes

In a contested divorce, the “chief” stage of the petitioner means your side (as petitioner) is formally leading evidence—this is done through your affidavit of evidence already filed, and by submitting supporting documents in court; your advocate tendering hard copies is correct as at this stage the court only records your evidence-in-chief, without any cross-examination. The next step, once your chief is on record, is that the opposite party (respondent) gets a chance to cross-examine you on the contents of your affidavit and documents; if the respondent has not filed a written statement or responded to amendments despite opportunities, the court may treat their defence as closed and proceed ex parte or restrict them only to cross-examining. After cross-examination, you can lead further witnesses if any, then the respondent’s evidence stage comes (if they contest), and finally the matter moves to arguments and judgment. In short, the chief is your side’s evidence on oath being marked on record, and if the other side keeps defaulting, the case can be decided based only on your evidence.

Advocate Sanil Sarkar LawRato

655 votes

every opposite side has not responded to any of your examination in chief or amendment application there will be an ex parte order in your favor in both the applications and now the matter will be kept for final hearing, after the final hearing your decree and judgement of divorce will be finalized.

Advocate Moksh Jain LawRato