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Rakhi (Software )     19 March 2011

Minimum time for respondent to reply to a divorce filed

What is the minimum time for respondent to reply to the divorce filed by petitioner at first.

I went through few links and found that, court give 30 days time for the respondent to hire a lawyer and respond.

My advocate suggests me that its 90 days for the respondent to respond.could you please suggest the correct process for this.I have filed divorce through contest.

Need your kind suggestion regarding the process.Please help



 9 Replies

cyberlawyer (barrister)     19 March 2011

You want to know the maximum time within which the respondent has to file counter for the divorce petition, right ?. It is 90 days from the date of service of summons to the respondent. The 90 days time will run only when the service is effected (i.e., on receipt of summons by the respondent). Till then steps are taken to serve the respondent (summons by court bailiff, through post from court, through private notice by advocate and these are all primary steps.). If the above step is exhausted, then the court will order substitued service (S.S) like publication in newspaper, CNB LKR (affixing a copy of summons in court notice board and last known residence of the respondent). The SS is a service wherein the summon is deemed to be served to the respondent...

Hon'ble members, correct me if i am wrong....

1 Like

Legal Fighter (Advocate)     19 March 2011

30 days which may be extended till 90 days by the court giving reasons for the same.

Arup (UNEMPLOYED)     19 March 2011

why will you wait for the last date?

you have to submit the ws. it is must. then do it at earliest, prefarably next date of hearing.

before submitting the ws, read it carefully and check all points added in the ws.

Rakhi (Software )     19 March 2011

Im sorry,i dint understood what is ws.

Correct me if  wrongly understood.Respondent can be made to respond within 30 days if we get reasons from court.

Thnx waiting for your reply

Damayanti (Unemployed)     20 March 2011

WS or written statement is repondent spouse's reply to main petition filed by the Petitioner spouse.

 

once petitine is served and summoned to attend the court hearing, the respondent is supposed to file WS within 90 days.

 

Offcourse, on first hearing date, respondent files the appearance letter/memo/purshis and then judge generally order the spouse to meet the assigned counsellor.

 

This counselling happen for a few months, if counsellor gives a report that recon as well as compromise not possible, then on a court date respondent is asked to file WS on a subsequent date. So if respondent is attending all court dates and counselling, Judges do not follow even 90 days norm in family court. Family Court Judges have powers vide FC act to extend the time for WS and it is generally allowed if given a valid reason.

 

If required respondent may also ask some more time of two weeks to prepare on reasons of illness etc, if other party doesn't object as if respondent trying to delay it deliberately. Delaying doesn't avoid the inevitable.

 

You should draft WS carefully and ddeny each false allegation line by line etc.

And preferably in english otherwise in proceedings it may become cumbersome.

 

Please let me know if you have any further doubts.

Rahul Sharma (Others)     09 August 2012

If respondent file WS to the petitioner, so does that means next petitioner has to reply back to respondent WS answering to wrong allegation made by respondent in WS.

 

Please guide and help!!


(Guest)

Dear Rakhi

In civil matter respondent can submit objection/reply max 90 day. Court may extend this time if sufficient ground available.

Arjun   14 February 2017

Respondent has to file the counter with in 90 days of the divorce petition date.

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