Legal Question in Family Law in India
R/P sir, i have filed a divorce case against my wife in feb 2011. for 8 months they didnt recieve summons etc. in sep 2011, her lawyer appeared in court. but from october 2011 to till date, they are taking dates at each hearing, they didnt file reply (jawaabi-daava). i want to know that is there any rule that within how many days( days limits-90 days) is it necessary to file the jawaabi-daava?
3 Answers from Attorneys
Your wife should have filed her WS within 30 days without any permission from the court but she can still file her WS within 90 days of her being served by taking the permission of the court. You have all the right to oppose her application in the Court.
it is necessary to file jawabi dawa in case your wife is willing to defend your petition. in case she does not file it within stipulated period and also her application for extension is dismissed, her defence may be struck off.
file an application to proceed further without their say (WS) in the Court (No WS Application).
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