Reply to Petition for Divorce U/s. 13(i)(a) of the HMA,1955

Querist : Anonymous (Querist) 23 September 2010 This query is : Resolved
It is necessary to file reply (Say) of the petition for divorce u/s 13 (i) (a) of the HMA,1955? If yes, than within how much time? or it can be filed at any time? If I file it after 2 - 3 dates or hearing, whether the Court of Law will accept it? Because at present my stand is "I don't want divorce and I am ready to Keep her. If She don't want to come back let the court than decide the case and if required I will file my reply later." I have appeared before the court on 26.08.2010 and next date given is 12.10.2010. I have no advocate at present.

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adv. rajeev ( rajoo ) (Expert) 23 September 2010
It is necessary to file objections to the petition. You can wait till giving last chance to file objections.

Devajyoti Barman (Expert) 23 September 2010
It is necessary if you want to put any defence. If not, then the court can proceed to deliver judgement on her pleading only.
The time to file written statement is 90 days from the date of your appearance. Even after that 90 days you could file but you have to explain the delay.

Adv ramesh chheda (Expert) 24 September 2010
it is not compulsion to file written statement but if not filed than matter will be considered as not contested and accusations made u will be consider as true and correct. So it is advisable that u file written statement. Written statement needs to be filed within 90 days from the receipt of the summons but u can extend date by filing an application with the court.In u r case, on next date u can file written statment by filing application to condon delay in filing written statement. But once the trial begins , u cannot later file written statement. It is not compulsory but is advisable to engage an advocate in legal case. Adv ramesh chheda Mumbai 9870112826

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