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kumar (Manager)     05 January 2014

Time to file reply

Dear experts

my sister has applied for divorce on mental cruelty grounds 11 months ago. But still her husband has not filed reply for the petition. I want to know is there any way to force him to file reply soon as already 11 months over. Also normally (and roughly) how much time does the court gives to file reply on such divorce cases?

Please help on this.



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 9 Replies

Dr J C Vashista (Advocate)     05 January 2014

It is 30 days from the date of service, which may be extended by the Court upto 90 days.

Shantanu Wavhal (Worker)     05 January 2014

speedy trial is right of everyone

 

https://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp

 

file an application u/s 21 b

gd dy (gd dy)     05 January 2014

then in absence of reply frm other party for 11 months, hw court authority don't take notice of it ???
appear tht case is proceed w/o reply of other.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 January 2014

Dear Kumar

approach the court to close his right to file the Reply and proceed further.

or file an application u/s 21B of Hindu Marriage act.

Laxmi Kant Joshi (Advocate )     05 January 2014

Time period to file the reply is 30 days , if he fails in doing so then request to the court go for further proceeding , for speedy trial you can move an application u/s 21B of HMA .

Biswanath Roy (Advocate)     05 January 2014

WHAT YOUR ADVOCATE IS DOING ? IF YOU FIND HIM SLEEPING TELL HIM TO TAKE APPROPRIATE STEP FOR EARLY DISPOSAL OF YOUR CASE..  i am afraid, this forum is to give legal opinion and advice to the litigants but not to guide them  for court procedures. .

kumar (Manager)     05 January 2014

Thanks Dr. J C Vashista

Actually after the notice was served, he appeared to the court and to the counselling also. After the counselling is over, he was asked to file reply but he has not yet filed the reply.

Thanks again for the reply.

T. Kalaiselvan, Advocate (Advocate)     05 January 2014

The time to file a counter by the respondent will be thirty days from the date of first appearance of the respondent which at the discretion of court may extent upto90 days.  If the inordinate delay is found to be deliberate, then section 21b of HMA can be revoked for necessary further action in this regard.

Dr J C Vashista (Advocate)     06 January 2014

I respecfully disagree with my Learned friend since the time to file a counter by the respondent will be thirty days from the date of service of notice on the defendant/respondent and not first appearance of the respondent.


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