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498a_divorce (HR)     09 June 2015

Not filling counter

Dear Experts

I have applied Divorce under mental cruality on Nov 2014 and we had 2 counselling and it had failed.

Last 7 months they are not filled their side counter untill today. Can i go for Speedy trail? Will it sounds good idea at this stage? can anyone pls advice?



Learning

 5 Replies

saravanan s (legal advisor)     09 June 2015

you can ask the court to decide the case exparte

Dr J C Vashista (Advocate)     10 June 2015

@ 498a_divorce,

What is the opinion, advise and strategy of your lawyer? Your's is not the only case pending before the court, isn't it?

SAINATH DEVALLA (LEGAL CONSULTANT)     10 June 2015

Catch hold of  UR lawyer  and ask him to expediate the case,anyway U R paying him a handsome sum.

SURESH KALAGA (secretary)     10 June 2015

Respected JC Vashista Ji, why the cases lying in the courts not taking appropriate action. Anybody/any sufferer go to the court to get relief to their problem/issue but not to bring new headache. Courts are there to resolve the problems not creating problems by pending the cases long and long .... isnt it? On or before certain statutory period, other side party should file their counter/written statement. After expiry of statutory period, courts have not power to accept the counters/written statements filed after expiry of statutory period. Hon'ble Supreme Court of India judgements somany are there on this particular issue. As a responsible lawyers, anybody cannot say like this. Follow the procedure and save the victims. 

SAINATH DEVALLA (LEGAL CONSULTANT)     10 June 2015

Dear  Suresh,

I do not know in which context U have asked Dr.Vasistha the above questions.Well, No court is a friend of one party nor a foe of the other.Every case will be decided only on the merits and valid evidences submitted.I strongly put forward that UR statement is wrong.Intruding into this query would deprive the original querist to get the required assistance from the experts, as the case gets deviated.

 


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