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Manish (manager)     10 October 2010

Condonation of delay

Hello Lawyers,

In my divorce case, I filed my statement around 5 months after the first date, this was because I am abroad and it took a lot of time to prepare the response. The response was submitted along with condonation of delay.

Now my response was rejected along with condonation of delay and the case has moved to ex parte proceedings. I was not able to appear in the hearing for condonation of delay also because I was in process of changing lawyers.

The only option which is left is to go to high court. What are my chances to bring the case back in order? And what will High court look for.

Manoj



Learning

 10 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     10 October 2010

Dear Querist,

 

Having read the facts and your query, I am of following view:

 

The reasons accorded in your application for condonation of delay appears to be just and sufficient primarily since you were abroad and it took some time to prepare the response also since there has been change of lawyers handling your case.

 

It is accordingly advised that a proper appeal be prepared and be filed in High Court forthwith to avoid further delay. You may note that as regards High Court (& also the Hon'ble Supreme Court) is concerned, the condoing the delay is a liberally construed and I am of the view that reasons appears to be sufficient in your case to get the delay condoned and also for direction to the lower Court to take on record your Written Statement (may be with some nominal cost).

 

Trust this would suffice.

 

Thanks & regards.

Rabin Majumder
Advocate & Attorney
For NuDelhiLawFora
At:
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi – 110001

Kirti Kar Tripathi (lawyer)     10 October 2010

it is wrong that you have only remedy to approch the high court. you can move an application for recall of order rejecting your application for condonation of delay. However, in matrimonial case, the procedure should construe liberally, thus keeping in view of the circumstances and nature of the case, you have good chances to get delay condoned.


(Guest)

After exhausting the High Court remedy file SLP in the Supreme Court with condonation of delay application. SC will mcondone the delay but dismiss the SLP.

Manish (manager)     10 October 2010

Thank you Mr Majumder, Tripathi and Brutus.

It was really reasonable from our side, because of all the communication lag and paperwork involved.

I have not seen the actual order (and I do not want to see it also) But my lawyer has advised that it is lengthy and the only option left for us is to approach High Court. Looks like the other party fully utilized the benefit of our absence and literally held on to the hand of the judge to get him write the order.

The other party has been on a mission to move it to exparte since day 1, by filing 498a etc  to make sure I cannot attend the case in person, and if I do I would have to get into lot of trouble.

I am sure justice will prevail.. but minor setbacks like these really make me loose my sleep.


Thanks Much

Manoj


(Guest)

Your case is genuine and there is no reason that Delay should be condoned.

girishankar (manager)     12 October 2010

Hello Manish go get a capable lawer {not a good/consious one } he will negotiate with the registrar /judge which you have to take care.... automatically your case will be numbered even though its delayed for years/decades no matter. All the best.....


(Guest)

Why did the Court not try a compromise? Apply for a compromise and tell the court that you want to take your wife around the world in 8 days. She'll p e e in her pants. If doesn't then take her abroad and get remaried or registered as a married man and get a green card for both. After that sue her for cruelty in the State Supreme Court[if the country is USA]. She's mischievous. Pay back in her coin. It's not clear as to to who filed the divorce. Try to avoid Indian courts if you can.

girishankar (manager)     13 October 2010

WEll Said Mr BRUTUS still we are dedending English Law there is no Indian Law to Save common Indian People

Manish (manager)     24 November 2010

Hello Mr Rabin,

What do you estimate on "nominal cost". The judge is talking about imposing the fine in Dollars.

Lucky me he is not asking for fine in Gold biscuits.

How much fine they impose in HC .. like Rs 1000, 10,000 or 1,00,000

-Manish

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     24 November 2010

Dear Querist,

 

Imposition of Nominal cost is not a rule any way. Nominal cost may be some 10k to 30k.

Nominal cost may vary from case to case and in which HC the case is being adjudicated. 


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