Sunita (Manager) 22 June 2012
I have filed my divorce case since a year. For about 11 months there has not been a judge. Even my spouse has not provided his response till then. Still the judge has given him time till next hearing. Is this fine, can the judge give time more than 90 days? What steps should my advocate take in such a situtation?
Shantanu Wavhal (Worker) 22 June 2012
is the summons served upon the respondent ?
if yes, its mandatory to file WS by him within 30 days. This period can be extended upto 90 days.
the new order 8, rule 10 of CPC of cpc is now absolute and does not leave any scope to deal with it.
u can file an application u/s 21B of HMA, requesting expeditious trial.
to check the status of ur case :
1. get the certified copies of ur case file.
2. from the roznama (order sheet), u can come to know about the current status of ur case.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 22 June 2012
In general WS (reply) has to be filed within 30 days from date of service - this period can be extended till further 60 days - after recording special reasons. Now your advocate can move an application u/o 8 R 5(2)/10 for passing of judgment on basis of non filing of WS. Not filing a WS is constructive admission of your pleading. Next time urge your advocate to be more forceful and aggressive.
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