Minimum time for respondent to reply to a divorce filed

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....

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

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.

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

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.

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!!

Dear Rakhi

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

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

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Dear Querist

As per Order VIII Rule 1, 30 days time has been given by Civil Procedure Code which can be allowed another 60 days if there is sufficient reason for non filing of reply within 30 days of the service of sumons, subjected to cost, if the court think fit.

Written Statement.—The Defendant shall, within thirty days from the date of service of
summons on him, present a written statement of his defence:
Provided that where the defendant fails to file the written statement within the said period of thirty
days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons
to be recorded in writing, but which shall not be later than ninety days from the date of service of
summons.]
*[Provided that where the defendant fails to file the written statement within the said period of thirty
days, he shall be allowed to file the written statement on such other day, as may be specified by the Court,
for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall
not be later than one hundred twenty days from the date of service of summons and on expiry of one
hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the
written statement and the Court shall not allow the written statement to be taken on record.