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LegalFighter (test)     10 April 2017

Ws/counter not filed within 90 days-steps to be taken

Dear Experts/Seniors,

 

I have my GWOP running currently and got visitation rights for my child.Currently filed filed a modification IA to increase the visiting hours as complete weekend custody and waiting for order.Before 2 months I file divorce under cruelty&& seperation of 2 years and court copy with summon has been delivered to my wife.So it means after delivery of the court summon and copy till now my wife has not filed counter.Hence in the last hearing(5'April,2017) I stated the same and filed a memo requesting Hon'ble Court to direct my wife to file counter in the next hearing.If she is not filing in the next hearing by coming 21st April,2017,  totally there is a lapse of 83 days.

 

1. Whats the next step? can i ask court to pronounce decree since Respondent has not filed counter as well the reason for not filing the counter?

 

2. Or can i ask Court to mark my wife as a defaulter and proceed with my wittness alone?

 

Which is the best option?



Learning

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