caps (x) 03 September 2014

Time limit to file counter statement

Hi, my brother has filed for divorce. His wife appeared for first date on Feb'14 but has not filed counter statement till now. Only her lawyer appearing for 24hma and he told court his client wont come to court. My bro's lawyer says it seems she is not going to contest. she has filed 498A against everyone just after accepting the summon.

my questions are

1) is there a time limit to file a counter ?

2) can court go on with 24hma hearing when the opposite party has not filed a counter against divorce petition?

3) if she is not going to contest thus she is admitting my bro's allegations. can the court then allow alimony of any kind?

4) if she doesn't appear would the court take into consideration all those evidence we have, refuting her false allegations?

Thanks.

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7 Replies

caps (x) 05 September 2014

hi, any expert please reply. Thanks.

Hardeep (Business) 08 September 2014

Rule 1 Order VIII Civil Procedure Code ( 2002 ) states counter has to be filed within 30 days from the date of service of Summons, to a maximum of 90 days for reasons to be recorded by the Court. Delay may be condoned in exceptional cases ( Kailash v Nankhu )

If no such thing happens case may proceed exparte.

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

caps (x) 09 September 2014

Thanks, Hardeep.

any response from experts about the other points?

(Guest)

Hi Caps thanks for the post... It helps the similar ones if any.

Dear experts,

Also, if wife attending and not filing a counter what will be the case?

fighting back (exec) 05 October 2014

@sufferer...........pray for a a 'no say order' from court

(Guest)

Hi Fighting Back,

What is "no say order"?? please help me in understand your statement.

Adv. Chandrasekhar (Advocate) 05 October 2014

I support the proposition laid down by Sh. Hardeep but I would like to add that it won't be applicable in matrimonial cases. The reason is that there is a responsibility on the part of the court that after summoning the respondent, it should initiate conciliation / mediation by itself or to have to refer the case to such cell attached to the court. After failure of the mediation only the respondent can be directed to file the written statement. There is holistic purpose behind this. If the respondent is straight away asked to file the reply within 30 days and he/she may file it putting counter allegations against the petitioner carrying serious imputations and such allegations and counter allegations of serious nature would hamper the mediation process. So matrimonial courts would not follow the CPC as such in imposing 30/90 days restriction. Coming to Section 24, as it is not only talks of interim maintenance but also pendente liti expenses (litigation expenses), the respondent, who is supposed to be in indigent condition, shall be provided some financial assistance to engage an advocate and meet the conveyance expenses for herself to come to court, the court at the first instance either dispose off Section 24 application or provide some financial support even before insisting for filing of reply.