Time period allowed by law to file counter
ganesh
(Querist) 07 October 2019
This query is : Resolved
Regarding filing of a counter to a petition in DV case, what period of time the law allows for the respondent to file counter. Is it indefinite or definite. if Definite means how much time? in case the definite time limit is expired what shall be done to take the trial next stage.
Kindly enlighten me with legal aspects...
Thanking you,
With High Regards,
Ganesh
Dr J C Vashista
(Expert) 07 October 2019
No such time limit is prescribed for filing counter (but reply) is required in a complaint case under the provisions of Section 12 of the Protection of Women from Domestic Violence Act,2005.
Vague facts can not lead to form an opinion and oblige.
It would be better to consult a local prudent senior for appreciation of facts/case file, guidance and proceeding.
However, if you are located in Delhi and feel so, may contact me (on appointment) with records of the case at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 or visit : vakil-saab.com
ganesh
(Querist) 07 October 2019
Thanking you Dr. Vashista....
P. Venu
(Expert) 07 October 2019
What is the real issue? Please post relevant facts.
ganesh
(Querist) 07 October 2019
Thanks to you Mr P Venu....
Issue is, CMP in DV has been adjourned for more than 5 months for want of counter by estranged wife.
i request information on how to take the trial to next stage. is Law provides indefinite time for one litigant to file counter... why presiding officer giving adjournment again and again..what should i do to take trial to next stage?
Thanking you,
with high regards,
ganesh
Hemant Agarwal
(Expert) 10 October 2019
1. The Court is vested with discretionary powers to grant adjournments and to allow time to file counter replies /statements /documents /whatever ..... AND the parties have no say in the discretionary powers of the court.
2. There is no justification /reasoning's for this discretionary powers, which typically result in millions of pending cases.
Keep Smiling .... Hemant Agarwal
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