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Mohankumar (engineer)     18 March 2012

Need directions on divorce case

dear all,

i have filed a divorce case against my wife in july 2010. she has filed a case for living together. now for both the cases she will not appear for twice and third time she will appear in the court. like this almost 2 years gone. 3 counselling is over and again court has ordered for psychological counselling.

i have a doubt. do i need to file a answer petition (i dont know correct technical term for this) for my wife's case and she also have to file answer petition for my case. i am confused. how the case shall proceed now. when   the court can order for trials?? what is the procedure. please help.

she is stubborn in not giving divorce and i am not willing to live with her. please help.

almost 2 years over and till now 3 counselling only over. when this divorce case will get over???

PS: we dont have children and our married life is NOT consummated. the divorce case is filed on this ground.


 10 Replies

Jatin Sapra 9312223345,Delhi (Advocate)     18 March 2012


Let case be proceed further, Your case is at the stage of pleadings so long way to go.


Shantilal Pandya ( Advocate)     19 March 2012

Let the  case filed by you  be proceeded  further ,  if you have not filed the wrtten satement  agaisnt the  case of your wife then file it soon, if your wife has not filed the written statement against your divcorce petition,  request the court for  placing  your petition   to the stage of evidence , these are common things  and are simple and you might have engaged an advocate in the matter! ask him to be vigilanat,

Shantanu Wavhal (Worker)     19 March 2012

how did u file for divorce on the ground of non-consummation of marriage ?

in fact u should have filed for annulment u/s 12.

if the opponant lawyer brings this fact to the notice of the court, ur petition may be dismissed.

experts pl. enlighten.

Mohankumar (engineer)     19 March 2012

@ Shantilal Pandya Ji,

thanks for your advice. actually my lawyer has not filed written statement for my wifes's case and it is already 2years over now. now i changed the lawyer and going to file the written statement.

one more query. how long this can go like this? when this case can end ??

when will i get my freedom. experts please help me.

@Amit Ji, i have filed the case on cruelty grounds that she never stays in my home and keep on going to her mom;s house which is nearby  hope this clarifies.



Shantanu Wavhal (Worker)     19 March 2012

u filed for divorce.

wife filed RCR.

this means wife is going to contest your petition for divorce.

u have to have strong evidences of her cruelty to get divorce.

she may say that u used to behave improperly so that she was forced to live at her mothers.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 March 2012

Yes, both cases would run concurrently and both of you would need to adduce evidence in your favor.


Shonee Kapoor

rajiv_lodha (zz)     20 March 2012

In a civil case, if respondent does not submit reply within maximum of 3 months of service of summons/notice, his defence may be striked-off under rule 8 of CPC

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 March 2012

It is 3 months or till the court has given the opportunity to file a reply.


Shonee Kapoor
1 Like

Shantanu Wavhal (Worker)     21 March 2012








Issue of Summons


1 Summons


1[(1) When a suit has been duly instituted, a summons may issued to the defendant to appear and answer the claim and to file the writ statement of his defence, if any, within thirty days from the date of service summons on that defendant;


Provided that no such summons shall be issued when a defendant has appeal at the presentation of the plaint and admitted the plaintiff's claim :


Provided further that where the defendant fails to file the written statement wit! the said period of thirty days, he shall be allowed to file the same on such other days as may be specified by the Court for reasons to be recorded in writing, but whi shall not be later than ninety days from the date of service of summons.;]



Does this mean that - max. period granted to file WS = 90 days.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

No, or any other time specified by the court.


Shonee Kapoor
1 Like

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