Time Required to file a divorce case in Court

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Hi

I contatced a lawyer and he prepared all the documents needed to file the case in the court of law.Im filing it on the base of cruelty and for that i also had an FIR copy which i had submitted to the lawyer to file the suit.

Its been 7 days till now my case has not been filed.Lawyer is saying that it takes time to file the case, and  once its filed the court will give a date and on that date my summon that needs to be send to the respondent will be done.Its on that day if we want to send it through "SPECIAL .." way i have to pay extra money to court and the summon will be send.

I dont understand ,does it take so long to file a suit and send the summon.If anyone can highlight me on the process of filing,it will be very grateful.

Thanks a lot.Waiting eagerly for your help.


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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Dear Rakhi,

1st:- Filing of case on one day;

2nd:- fixed for next day or next to next day for consideration before the court and after proper consideration the court will order for summon to the respondent or second party and fix the case for next date of hearing;

3rd:- Your lawyer will file PF Form in the court and the court staff will prepare the summons and send to the second party who after getting the summons will appear in the court on date fixed.

and thats it.

For further details u can ask again.

:)


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Senior Partner

@ Author

A Family Law suit is file din Registrar Counter and date of hearing before
District Judge Court comes the very next date or next to next date. There the case file is assigned to a sub-ordinate Court where that Judge hears the admission hearings of the family suit and Registers the case . All these happen in under 3-4 working days.


Now the allotted Court once convinced of the suit technicalities all in order issues Notice to service to other party (respondent husband in your case). The Order of Notice to opposite party as per recent binding precedent of SC is by all means i.e. by RAPD, by Courier, by Speed Post as well as using Dasti Service. This Notice is processed by filing a Process Form with Court fees before Court Staff which are very very nominal irrespective of any State in
India.


Reading your briefs it seems a minor mis-understanding on certain costs has cropped in early stage, try to settle it amicably for a longer inning with this ld. Advocate hired by you in clear terms on present cost and future probable costs other than set litigation fees !

 

 


 

 
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UNEMPLOYED

the above postings are correct.

but court to court; state to state; a minor varity may be there.

not in general, but in some cases advocates extract illegal money from the clients. be aware of it. so much you take interest, more money will be extracted.

keep close watch on your case.

have you got the copy of the plaints ( your petation), which submitted by your lawyer at court.

check whether fir copy annexed in your plaint.

ask him whether he placed the plaint at court. if he submitted the plaint he will get a receipt  from court. this receipt is the proof of accepting the case by thecourt. collect the original copy for your feture ref. it is your property. give a photocopy of  to your lawyer.

next stage is present the plaint before the court. it is job of the court clerk, but they sometimes delay for some unknown reason. try to understand.

in a perticular day the first hearing will be done. on that day it will be decided by the court whether the plaint is acceptable by the court or not. If it is acceptable then summon will be sent by the court, not by your lawyer. if your lawyer sends that is legal notice not summon by the court.

at this stage you will get 2nd date.

now find at what stage your plaint is there.

if there is a family court, your case will have to be placed there. lawyer not allowed there. if family court not there, then district court of your area will here you.

 

 

 

 
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Hi,

 

What is the difference between the legal notice sent by lawyer and summons sent by the court?  Because one of my close friend received a notice through courier but her parents refused to accept it.  What I heard is...if the case is filed then notice will not be sent thru courier and it should be only from registered post.

 

Please clarify whether my frd received is a notice from lawyer or from court? 

 
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