Application under Order 8 Rule 10
Legal Fighter
(Querist) 16 October 2009
This query is : Resolved
I have filed a divorce petition (in family court) in which notice was issued to the respondent and duly served to the respondent. But on that date, the respondent didn't appear and a proxy counsel appeared on her behalf. Judge put up the matter for next date. On next date, the counsel for the respodent appeared and filed the reply to the divorce petition. It is important to note that the said affidavit in said divorce petition was signed within 15 days of serving of notice to the respondent.
Now the reply has been filed after 85 days as compared to the time of 30 days. In first date, the Judge has not written anything in the order for extending the time from 30 to 90 days.
Now since the reply was prepared was within 15 days of service of notice but has been submitted after 85 days. What recourse should i take?
Adv Archana Deshmukh
(Expert) 16 October 2009
There is no use of taking any recourse now, as now since the court has allowed to file the ws on record and it must have been exhibited. Though judge had not written anything in the order for extending the time, but it may also not have passed the no ws/say order.
niranjan
(Expert) 16 October 2009
WS can be submitted even after 90 days.Once the WS taken on record, it cannot be brushed aside.
Sachin Bhatia
(Expert) 16 October 2009
You can not do anything, because WS was submitted is within 90 days, and now WS was taken on record.
joyce
(Expert) 16 October 2009
Above experts opinion is followed here with.
Raj Kumar Makkad
(Expert) 17 October 2009
It is true that the period of 90 days is just directory and not mandatory as held by Apex court of India so nothing can be done excpet proceeding the case.
yogesh
(Expert) 17 October 2009
The court in its discretion to extend the time of the party to file the reply
Adinath@Avinash Patil
(Expert) 18 October 2009
COURT HAS ACCEPTED W.S.,NOW THERE IS ONLY WAY TO PROCEED FURTHER IN YOUR PETITION.
Khaleel Ahmed
(Expert) 19 October 2009
Simply proceed with your petition and produce evidence in support of your plea.
