rising up again (FFF) 02 March 2015

How much maximum time to reply to divorce petition ?

Dear ALL..

a small query...

I filed my divorce almost 6 months back and she has'nt filed a reply on it till date. We even moved an application in courts about 2 months back for the delay in replying the petition, but still she has'nt replied on the same.

1. How much time is allowed from the courts in matrimonial cases ? Is there any maximum time limit to file a reply ?

2. What can i go in this situation ? Can i use this to my benefit ?

3. They trying to delay the case by not replying or not even coming to the courts, how can i stop this ?

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6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 02 March 2015

Dear, Written Statement to be filed within a period of 30 days and if she don't file the same ask the court to proceed ex-parte .. Kapil Chandna Adv 9899011450

stanley (Freedom) 02 March 2015

The waiting period permissible for the say would be 90 days from the date of receipt of summons .

rising up again (FFF) 03 March 2015

This has even crossed 6 months... after the summons were issued... !! one of the advocate says.....there is no time limit in matrimonial cases...

We even filed an application in court regarding the same (about 2 months back) and the other party was told to submit their reply within next 15 days, but they still have'nt done that... WHAT SHOULD I DO NOW ?? CAN I MOVE TO COURT BEFORE THE NEXT DATE WHICH FALLS AFTER 45 DAYS..?

HOW TO MAKE THEM EX-PARTE ? PLZ ADVICE.........

stanley (Freedom) 03 March 2015

Normally when the time limit exceeds the opposite party files an application for condemnation of delay and it is upto the judge to accept it .Now all you have to do is press for Ex -parte order .

T. Kalaiselvan, Advocate (Advocate) 05 March 2015

You can move an application to strike out the defence due to inordinate delay in submitting their counter to the petition filed by you. This will make the court to be more stricter towards the respondent and insist on filing it on the next hearing.

rising up again (FFF) 05 March 2015

Dear Kalaiselvan sir......

We have filed the application to strike off....almost 2 months back..but to no benefit. They have'nt still replied on the petition........Now the next date is in April.. wud they reply only on that date or submit before that ??? what all can i do.....to use this situation to my best benefit ???????????