Divorce --next step what to do

if you are at or Mumai pl contact us.

1. No fresh notice shall be sent and court sue-moto shall struck off the defennce of respondent, if he fails to file his written statement within the stipulated time.

2. Unless the charge-sheet is filed, court cannot move ahead. You may move an application directing the police to file charge-sheet at the earliest.

Once summons is issued and he has already appeared thru., an advocate, cout wont send another notice to the respondent.  Court will give maximum opportunity to file an objections, inspite of it he didn't file then order will be passed by the Court  as " objections not filed".  Even after filing this order respondent can file an objections along with an IA to set aside the order no objection.

Your advocate can submit before the court to pass an on order objections not filed.

Without charge sheet court cannot proceed with the case. 

Thanks for all your response Sir....

I had a word with my advocate regarding the same earlier,and he had told me that they can take a month  or two months more time citing reasons on medical ground.But Im nt sure when he is supposed  to cite reasons.

Is it after 3 months he has to specify or if the court doesnt find any response from respondent they will send one more summon to him to cite reasons of not responding.Im not sure if my laywer is misleading me.

Moreover Sir,if "Objections not filed " is passed by the court then can the decree be given on the basis of that.

even if the court can strike down the defence, he can get it re-instated, by paying marginal cost.

Dear Members,

As mentioned by shonee, what i feel ...Is it a never ending process? There cannot be any conclusion to the order filed by court for "Objections not filed".

Please advice

Rakhi,

The provisions do exist, but the lawyers are shy of using those provisions.

If summons are served, get the defence struck off. When he applies for re-instatement, ask for speedy disposal.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

 YOU HAVE NOT MENTIONE THE CAUSE OF YOUR DIVORCE.WHY YOU ARE WORRIED ABOUT THE SETTLEMENT. YOU HAVE FILED THE CASE U/S-498A THEN YOUR HUSBAND REQUIRES TO BE SETTLED. LASTLY REGARDING THE DIVORCE CASE IF THE THE SUMMONS WILL NOT SERVED THRICE THE COURT HAS TO PROCEED TO EXPARTE. REST YOU CAN DISCUSS ME ON MAIL OR PHONE.

MAIL: CLA2009@REDIFFMAIL.COM

MOB:09236080877

Shailendra,

Where 3 summon rule is listed

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

DEAR SHONEE,

IT IS THE PROCEDURAL LAW.

if it is procedural Law, it should be in CPC/ CrPC. if so, under which section / Rule/ Order it is listed,

Regards,m

Shonee Kapoor

harassed.by.498a@gmail.com

PROCEDURAL LAW IS ACCORDING TO THE CUSTOMS/PRACTICE OF THE COURTS.

shonee as u hav said what are the provisions if objection is not filed under which sec of CPC application should be moved to pass exparty order or pls give ur cell no

Order 8 Rule 1 of CPC states, that the defendent has to file a written statement in 30 days. However, the court can allow more time for filing written statement for reasons to be recorded., but such extention shall not be more than 90 days from the date of service of summons.

If the written statement is not filed within stipulated time, the Plaintiff can go for Striking Down the Defence under Order 8 Rule 10.

Now this is the procedure as laid down.

In practise, the court is least bothered to strike down the defence unless you file an application under Order 8, Rule 10. Once application for striking down defence is presented, the other party wakes up, and gets his write to file written statement re-instated by paying cost. In which case, the court forces them to file a Written Statement on the next hearing.

Yours truly has forced the other party to file Written Statement using this provision, when the other party was intentionally delaying the matter.

There are other delaying tactics as well in court of law, but there are effective ways to counter them.

Courts can not set their own procedures when procedural laws are there. You can actually request (force) the courts to follow procedural laws. But most lawyers would shy from this, because they don't want to antagonize the judges.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com