Order 8 rule 10

Dear Rakhi

as per your query, you can approach the court for ex-party order against your husband

@Rakhi!

1st things first. Tell us whether SUMMONS HAVE BEEN DELIVERED TO HIM PROPERLY? Has he not represented in person/thro lawyer in subsequent court date even after receiving summons?

Then only the course can be predicted.

I filed divorce,summons reached him and he presented in court after recieving summons.After that as per my lawyer words ,3 months time is given for them to respond.but thay havent responded yet.

Repeating My question...

Dear Members,

I have filed divorce against my husband.3 months have passed and he is yet to respond.I spoke wth my lawyer he is saying that court will give a date and there i have to go and say that "objection has not been filed ".

My question is that there should be any way to bring into light of the court that 3 months have passed and he has nt yet respond.

or

do the court itself gives a date after 3 months for the proceedings.

if the court doesnt give any date,then he can delay as much as he can and then file it.

Please advice

Repeating My question...

Dear Members,

I have filed divorce against my husband.3 months have passed and he is yet to respond.I spoke wth my lawyer he is saying that court will give a date and there i have to go and say that "objection has not been filed ".

My question is that there should be any way to bring into light of the court that 3 months have passed and he has nt yet respond.

or

do the court itself gives a date after 3 months for the proceedings.

if the court doesnt give any date,then he can delay as much as he can and then file it.

Please advice

I f that was the case, Then you are able to get ex-partee after 90 days completion.

Discuss with your advocate, He/she manages & do all the things for you.

As per my knowing, Some waiting period too there.

Hope some divorce expert consulatation you need presently.

So act accordingly.

Regards,

Abhinatre Gupt.

extracting my question from the mail....


My question is that there should be any way to bring into light of the court that 3 months have passed and he has nt yet respond.

or

do the court itself gives a date after 3 months for the proceedings.

if the court doesnt give any date,then he can delay as much as he can and then file it.

Kindly suggest
 

@ Rakhi! He has represented himself in the court & has not submittted reply within 3 months, OK.

U can very well submit application to STRIKE OFF THE DEFENCE! Legally he has lost right to defend unless he gets such relief. Road will become easy 4 u, BUT ITS NOT EX-PATRE anyways!

What is the status of Sec 24, if any?

Thnks

"do the court itself gives a date after 3 months for the proceedings"  or do i need to go and file to "STRIKE OFF THE DEFENCE".

Rakhi/ Sneha,

There is no automatic striking of defence. It happens if despite notice the other party has wilfully not filed an objection. If the other party has sufficient reasons (Make believe or genuine but accepted by court), the court can grant more time.

However, applications of such kinds to strike off defence, makes the court issue final warning to the wilfull evaders.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Sir,

The court can grant  more time``` Is there any time limit for the same.

As per Order VIII 1,the deft.has to file WS within one month or latest within ninety days. Then under Order IX,rule 6(a),the suit be heard ex parte.

So.......Is the effort under Order 8 fruitful for the petitioner?

Yes, it was in my case, when judge gave them final opportunity.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com