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Anjuru Chandra Sekhar (Advocate )     27 January 2012

Can we file reply to op without receiving summons from court

Dear Friends,

Can we file Reply to OP for Divorce U/s. 13 (1) (i) (ia) (ib) without receiving summons from court?  The petition was filed on 28-11-2011 and the lawyer of the petitioner had telephoned the respondent and told her to receive summons, but he has been evading her for reasons unknown.  We have prepared reply but we do not know whether we can file it without receiving summons. Awaiting an early reply.

 

Thanks and regards,

Chandrasekhar

 



Learning

 7 Replies

Anjuru Chandra Sekhar (Advocate )     27 January 2012

Also the question, at which stage an OP in Family court can be withdrawn.  a) Can it be withdrawn without intimation to the respondent after receiving number in the Court? b) Can it be withdrawn after the respondent files reply for it? c) Can the petition filed in court duly receiving number but withdrawn be produced as evidence in any other court proceedings?

Shantanu Wavhal (Worker)     27 January 2012

WS can be filed even without summons being served.

OP can be withdrawn any time.

rajiv_lodha (zz)     27 January 2012

See, summons are sent to inform u that u r respondent in so & so case and required to appear in court if u want to contest the matter.

Ur submission of WS automatically means that u r contesting, summon service is already assumed in this case!

srikanth_thakur (lawyer)     27 January 2012

u cannot file counter without receiving summons from court. The party who file the O.P can withdraw the petitioner at any point of time. It can be used as evidence in any court by filing certified copies of the same in another court.  

Shantanu Wavhal (Worker)     27 January 2012

I strongly disagree with the view expressed by Mr. srikanth_thakur Sir.


eventhough the OP is withdrawn, such records remain with the court.

The WS is filed wrt the particular OP.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 January 2012

Dear Chandersekhar

Summons is only a information that the case is pending against you and the court give you the time for your defence & the court is willing to hear you for settle the issues & send a copy of the petition to the respondent or other party. the otherparty has 90 days time to file a WS/Reply. whenever you are not received summon and the copy of the petition how you can file the WS/Reply in this matter. you can not file the WS.

secondly, The petitioner can withdrawal the petition at any time, he has right to withdraw.

Feel free to call

Shantanu Wavhal (Worker)     28 January 2012

@ Nadeem Sir, 

 

i disagree, as the author says - 

the lawyer of the petitioner had telephoned the respondent and told her to receive summons

 

so the respondent knows about the case. 

he can file WS anytime within 30 days from service of summons.

 

though service is not effected yet, the respondent is free to file WS.


pl correct me if i went wrong.


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