What is the time limit to file counter affidavit in any interim application?

You're absolutely right that IA stands for Interlocutory Application, which typically seeks interim reliefs—like visitation rights under Section 26 of the Hindu Marriage Act, 1955. 

 Time Limit for Filing Counter Affidavit in IA Applications Unlike main petitions, IA applications don’t have a fixed statutory time limit like 90 days for filing a counter affidavit. However, courts generally expect responses to be filed within a reasonable time, and the Family Courts Act encourages speedy disposal of such matters. In fact, Section 26 itself includes a proviso that applications regarding custody and maintenance of children should be disposed of within 60 days from the date of service of notice. 

 What You Can Do to Expedite the Process If the respondent is deliberately delaying, here are a few steps you can consider: File a petition for early hearing or expedited disposal of the IA under Section 26, citing urgency and the child’s welfare. Request the court to pass ex parte orders if the respondent fails to respond within a reasonable time despite being served. Submit a written grievance to the judge during the next hearing, highlighting the delay and its impact on your visitation rights. Ask your advocate to move for a direction from the court to compel the respondent to file the counter within a specific time frame.

 Since this involves your child’s visitation rights, courts are generally sympathetic to timely resolution. The welfare of the child is paramount, and delays can be seen as obstructive.

There is no fixed time limit. But the counter affidavit need to be filed expeditiously. The court can hear and dispose of the IA evenin the absence of counter.

Hi Rama Chary Sir, 

Thank you so much for the your detailed reply. It is helpful for me a lot.. Just I'm having a one more dought. Can you please tell me under which section of cpc early hearing petition to be filed??

Thanks in advance sir.. 🙏🙏

It is unlimited and/or as directed by court.

Whether a petition u/s 9 HMA need to be replied by counter affidavit ?

When you are aware about the provision of Section 26 of the Hindu Marriage Act, 1955 you must have also read proviso to it, which reads as:

"Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent."

What is the advise of your professor / tutor / coach ?

DR. J.C.Vasista Sir, 

Yes, last week respondent filed counter affidavit for the petition u/s 9 of HMA 1955.

My advocate said that once the respondent filed counter affidavit in IA application then only this IA petition will move to the bench. After it went to bench, Judge will dispose this IA ASAP. 

I asked a question to my advocate. The question is that.. the provision clearly said the case has to resolve within 60 days from the notice served to the respondent right? He answered, In reality it will not work.. He further said this IA will take at least 3 to 4 months.. 

The Code of Civil Procedure, 1908, doesn't explicitly prescribe a specific time limit for filing a counter-affidavit in response to an IA. 

In practice, courts often follow a 30-day guideline, meaning the counter-affidavit should be filed within 30 days of the applicant serving notice of the IA to the respondent. 

The court has the discretion to extend this 30-day period or set a different timeframe, depending on the circumstances of the case and the rules of the specific court. 

Originally posted by : Nit
	DR. J.C.Vasista Sir,  Yes, last week respondent filed counter affidavit for the petition u/s 9 of HMA 1955. My advocate said that once the respondent filed counter affidavit in IA application then only this IA petition will move to the bench. After it went to bench, Judge will dispose this IA ASAP.  I asked a question to my advocate. The question is that.. the provision clearly said the case has to resolve within 60 days from the notice served to the respondent right? He answered, In reality it will not work.. He further said this IA will take at least 3 to 4 months..

@ Nit,

Despite the fact it is not your personal case and you are learning law by posting such manufactured posts as I presume from the facts stated in your question and your response, you did not respond to my query regarding "reply filed by respondent by way of counter affidavit" which is incorrect statement in a case under section 9 of HMA, 1955.

As already explained there is no such straight jacket formula or mandate qua filing reply of an IA within a period of 60 days. You will find it is stated in proviso to the provision itself "....as far as possible......"

Thank you sir for the reply.. 

You are welcome for your apprecitions.

Prqactically your advocate's opinion is correct in the given situation, hence you may better  do not hasten when there is no point in doing so because you may not get any desired remedy by hastening up your case unnecssarily.

You may follow the advise of your advocate to the extent possible and if you have any further doubts, you are always welcome to revert with your further queries or a second opinion too.