Need directions on divorce case

hello,

Let case be proceed further, Your case is at the stage of pleadings so long way to go.

Regards:

Let the  case filed by you  be proceeded  further ,  if you have not filed the wrtten satement  agaisnt the  case of your wife then file it soon, if your wife has not filed the written statement against your divcorce petition,  request the court for  placing  your petition   to the stage of evidence , these are common things  and are simple and you might have engaged an advocate in the matter! ask him to be vigilanat,

how did u file for divorce on the ground of non-consummation of marriage ?

in fact u should have filed for annulment u/s 12.

if the opponant lawyer brings this fact to the notice of the court, ur petition may be dismissed.

experts pl. enlighten.

@ Shantilal Pandya Ji,

thanks for your advice. actually my lawyer has not filed written statement for my wifes's case and it is already 2years over now. now i changed the lawyer and going to file the written statement.

one more query. how long this can go like this? when this case can end ??

when will i get my freedom. experts please help me.

@Amit Ji, i have filed the case on cruelty grounds that she never stays in my home and keep on going to her mom;s house which is nearby  hope this clarifies.

u filed for divorce.

wife filed RCR.

this means wife is going to contest your petition for divorce.

u have to have strong evidences of her cruelty to get divorce.

she may say that u used to behave improperly so that she was forced to live at her mothers.

Yes, both cases would run concurrently and both of you would need to adduce evidence in your favor.

In a civil case, if respondent does not submit reply within maximum of 3 months of service of summons/notice, his defence may be striked-off under rule 8 of CPC

It is 3 months or till the court has given the opportunity to file a reply.

ORDER V
ISSUE AND SERVICE OF SUMMONS

ORDER V
ISSUE AND SERVICE OF SUMMONS

Issue of Summons

¹ Summons

1[(1) When a suit has been duly instituted, a summons may issued to the defendant to appear and answer the claim and to file the writ statement of his defence, if any, within thirty days from the date of service summons on that defendant;

Provided that no such summons shall be issued when a defendant has appeal at the presentation of the plaint and admitted the plaintiff's claim :

Provided further that where the defendant fails to file the written statement wit! the said period of thirty days, he shall be allowed to file the same on such other days as may be specified by the Court for reasons to be recorded in writing, but whi shall not be later than ninety days from the date of service of summons.;]

Does this mean that - max. period granted to file WS = 90 days.

No, or any other time specified by the court.