LegalFighter (test) 13 March 2017

Time limit for counter and action if not filed within 90 day

Dear Experts,

I have filed divorce case and its already 30 days over with last hearing and by next hearing on 5-4-2017, it would be 60 days over after receiving summon and copy of petition by my wife.As per Order 8 ,Rule 1 Respondent should file WS within 30days or it can be extended by another 60 days by court with proper reason provided by respondent.Now am sending a private notice to my wife to file counter in the next hearing.

Shall i ask for exparty if counter not filed with in 90 days and even after a private notice?

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(Guest)

It is up to you whether to ask to pass exparte orders or not. If you ask. It is up to the court whether to pass exparte orders of divorce or not. Exparte orders however are temporary in nature. They can be challenged in HC even after 90 days time limit. So actually tehre is no use of exparte orders. Any case must be challenged, trial should happen and then verdict should be given That is the right way to get justice.