Procedure

@ Author,

It is wrong to allege that only the other gender spouse is purposefully delaying case. Both sides pan India do their own delay tricks equally well. Infact any matrimonial cases are such that in a hurry with a hasty decision it should rather be not dissolved.


Now reverting to your query on procedure;

1. The Mediation report is either marked YES or FAILED and case returned back to Court with NDOH (next date of hearing).


2. Now he will be given opportunity to file his reply followed by if your side would like to place on record a rejoinder to his reply. Once that stage is over admission / denial of documents followed by framing of Issues are done and matrimonial case thus progresses accordingly.

3. Also remove the notion that once a lady files a matrimonial case it becomes her absolute ‘statutory rights’ to get relief as prayed and opposite side i.e. HUSBAND becomes just a mute spectator.


Give him opportunity to defend himself in your suit. It is your suit – your allegations and you have to reasonably prove issues to get a Decree in your favour. Let motions of Natural Justice be covered in queried suit matter.

Dear KR Ji,

As stated by  Tajobs, subsequent to receipt of the report from the Mediation center, the court will grant time to your husband to file reply to your petition. The time usually granted is of 90 days as per law. That, in the event, your husband does not file reply within 90 days, your lawyer can request the court to pass NO WS orders and thereafter, the matter shall be posted for evidence. If your evidence goes unchallenged by your husband, after formal arguments, judgment will be delivered.

In the event your husband files reply, the matter shall be posted for framing Issues (which is the incriminating points on which evidence is to be dealt) and pursuant to framing of issues, you will have to adduce evidence before court.

Subsequent to your evidence, your husband will have to enter into witness box and prove his case and disprove your case, subsequent to which arguments are held and judgment is delivered.

If your matter is before family court, the presence of respondent (wife/husband) is necessary) unless court exempts attendance.

In case of any further information and guidance, feel free to communicate.

Thanks for the valid inputs.