Paramasivam (xxx) 29 September 2014

Contested divorce

In a contested divorce, where a wife files a divorce and the respondent has appeared twice for the hearings, but yet to submit their counter. Now how many hearings will judge wait for the respondent to counter?

In case the respondent appears, but fails to present his reply/counter, what will happen?

In case in the third hearing, the respondent counters, what will happen?

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2 Replies

Tajobsindia (Senior Partner ) 29 September 2014

@ Author,

1. It is 90 days for filing a written statement in response to a civil suit but as per Hon'ble Supreme Court a Civil (even Family) Court has power to extend the deadline in the interest of justice beyond 90 days.

2. If respondent (husband) does not file written statement in response to a suit inspite of opportunity given then main case may proceed ex parte even in his presence.

3. Reading your overall query I mean there is no hide-seek if two appearance respondent makes and does not file and on third appearance he files, I do not have a reply to such question frankly. Rule of Law (para 1; as stated) is there if one wants to follow it fine, otherwise such are hypothetical questions which are raked with no limit to reply is also my view.

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