galsober@yahoo.co.in (def) 23 June 2011

Reply in Divorce Petition

Hello members,

I filed divorce petition in Aug 2010, girl filed for sec24 in 1st hearing, I filed its reply. Matter suspended, Judge tried conciliation 2 -3times himself, then case went for court's mediation cell where we wasted 2-3 months & negative report came back. Judge again behaved as annoyed coz the couple were not coming to some solution, gave a long date 6 months away for next hearing.

I noticed now that girl side has not submitted reply to my original divorce petition til now. By the next court date it will be approx 1 yr since I submitted divorce petition. Its all mess as far as sec24 & divorce reply is concerned, he has put case for evidence from petitioner's side.... how & when we will submit rejoinder etc?

Somebody told me that if girl side has not submitted reply to my divorce petition within a stipulated time period, they forgo the right to defend? Is it so.... how 2 proceed further from this point to the best of my favour!

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6 Replies

Tajobsindia (Senior Partner ) 23 June 2011

@ Author

1. The logic behind S. 24 HMA in Family Court and or Civil Ordinary District Courts filing is that she is undergoing penury to defend your case along with litigation expenses since you are capable enough (where or not is separate issue) so till the time S. 24 HMA is going to be decided either way your filed Divorce will not move further till all appeal / reviews exhausted and you are not paying the award your divorce will not move.

2. S. 24 HMA works on simple logics such as above and what others have told you are misguidance whether you like to now believe me or not is your choice ! J

2a. Family Court does lots of reconciliation as they were formed basically to reconcile indifferences between spouse to come to negotiation table thus frown of ld. Judges are but natural to the episode you briefed to us here and perhaps that may be one of the reasons approach of Family Courts all around are criticized about !.

However, to make above (Para 2) choice I suggest your goodself to invest on purchasing 2 Volumes recent edition Hindu Laws Commentaries by Mullas and get above correct position of Law understood on a tombstone.

galsober@yahoo.co.in (def) 25 June 2011

Tajob!

Thanx a lot 4 alightening. What I cud get:

* Courts try their best to reconcile: I understand & am prepared 4 ordeal. Now court mediation failed, judge is providing chance to nature/circumstances to play a role...agreed. But as u said, b4 sec24 application is not decided, divorce case wont move! Does it mean the reply from their side has 2 be filed after Sec 24 is decided either way.

* Is it possible that court does not find enough reson to grant her the cash, or only quantum of money is to be decided u/S 24? Plz clear the air.

* regarding ur last reply: we suffers are here to seek help from learned fellows about legal points. No doubt, digging into law-books urself brings lot of knowledge, but friend... this is not possible 4 all of us d/t professional restraints.... Its better if learned fellows guide the seekers with their knowledge...... Books r not answer to every trouble, moreover legal jargon is not easy to understand 4 everyone!

Requesting other members to post replies too!

galsober@yahoo.co.in (def) 17 September 2011

Originally posted by :Max burns
"	In the Family Law court is that your expense could be greater. I would check with a family law attorney to double check on this though and for help. I am a little puzzled at your case and would like some more information before I can help. I am surprised it has been a year since you have submitted the divorce papers though!	"

Of course, Its more tahn 1 year since I submitted Div case. It simply went into RECONCILIATION HOLE! Latest: She wanted to shift the whole mess at her hometown throu transfer application at HC, soon hit the wall & I was saved once again....by the garce of GOD!

No movement at Sec 24 front back-home, rest of all things pending!

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