Defence struck off

Rakesh Malik (Querist) 22 May 2014 This query is : Resolved
I have filed a divorce case. Wife not submit her reply and 90 days have passed. My lawyer told me that now her defence will struck off.

I want to know how much is this useful for me. Is defence struck off is wqual to ex party.

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P. Venu (Expert) 23 May 2014
The court can still give her a chance to file the reply, if so she or her counsel requests.

Devajyoti Barman (Expert) 23 May 2014
There is nothing called defence struck off in divorce proceeding.
It is done in Rent Act proceeding only.

In your case the court must have posted the suit in ex parte board which would be surely vacated once your wife files written statement.

Rajendra K Goyal (Expert) 23 May 2014
Agree with the experts.

Guest (Expert) 23 May 2014
Agree with Shri Devajyoti Barman. Unless wife decides not to contest the case, ex-parte divorce is just a temporary solace and can be reversed for the proceedings to continue on its own merits after she files a written statement.

malipeddi jaggarao (Expert) 23 May 2014
Agreed with experts.

ajay sethi (Expert) 23 May 2014
agree with experts . court will take WS on record on payment of costs

T. Kalaiselvan, Advocate (Expert) 24 May 2014
The court will not very strictly adhere to the 90 days formula for filing written statement. It may extend time to WS at the request of her counsel.

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