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Legal Fighter (Advocate)     16 October 2009

Application under Order 8 Rule 10

I have filed a divorce petition (in family court) in which notice was issued to the respondent and duly served to the respondent. But on that date, the respondent didn't appear and a proxy counsel appeared on her behalf. Judge put up the matter for next date. On next date, the counsel for the respodent appeared and filed the reply to the divorce petition. It is important to note that the said affidavit in said divorce petition was signed within 15 days of serving of notice to the respondent.

Now the reply has been filed after 85 days as compared to the time of 30 days. In first date, the Judge has not written anything in the order for extending the time from 30 to 90 days.

Now since the reply was prepared was within 15 days of service of notice but has been submitted after 85 days. What recourse should i take?



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 October 2009

The plaintiff may give "Rejoinder" to that written statement, i.e. a reply to that written statement. On receipt of rejoinder from the plaintiff, the defendant is also entitled to give his rejoinder on those specific points.


(Guest)

U could have filed Memo to Court for "defense struck off" on next date but it is discretionary power and court normally allows defendent w/s (especially if it is a women) beyond 30 days also and in some cases on cost. Since "neither" was pressed for so what Sh. Ramachary advises is logically correct way ahead now in presented situation.
Rgds,
D. Arun Kumar, New Delhi


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