My friend (Husband) filed the divorce petition in Mumbai FC in Mar'14 and notice was served in the same month. There has been 3 counselling sessions which failed. The other party has not filed any criminal case/RCR so far.
When the matter was referred to the court, the judge referred the case to Mediation. Mediation failed. The other part has yet not filed the reply their WS. They have been giving all silly reasons of not filing the petition. My advocate filed for an application to proceed without WS.
My questions are:
1. Can there be any financial penalty imposed on the other party for purposely delaying the filing of WS? It has been well over 90 days after the service of the notice
2. What should now happen when the husband's lawyer has filed for an application to proceed without WS?