• Party is not responding to divorce petition

I (husband) have filed the divorce case (8th March). 1st data was on 8th Sept. The other party appeared in the court however, Judge did not come hence, the date was shifted to 12 Dec. but on 12th Dec neither the party nor their lawyer visited the court but some proxy council had appeared on their behalf.
Judge on reading/ hearing the case said that whether party appears or not the other party is instructed to file the WS within one month i.e. 11th January 17 and said that next hearing will on 30th April 17.
In the mean time I’ve filed the case of child custody case. (Girl child age 7 yrs) to get the visitation rights.
The other party, till today has not filed the answer to my petition and I am sure they will not file it.
My Questions are
1) The time limit to file the response has already been over (11th Jan 17). What should be our next step as I don’t want to wait for the next date i.e. 30th April.
2) If there is anything we could do then under which section and clause. 
3) Is it possible that judge can grant divorce if the party does not appear or respond to petition even after instructed by the judge.
4) False DV case is going on simultaneously
5)Child custody case is also going on simultaneously
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1) wait for next date . draw attention of court to fact that defendant has not filed reply within time . court would direct matter be heard exparte

2) court would on basis of evidence on record pass exparte decree

3) contest DV case on merits

5) court would grant you visitation rights

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Concerned,

1. File an application under order 8 rule 10 for closing the rights to file Written statement. As there has been no application for con-donation of delay or WS has been filed since the notice i.e around september the right to file WS will be closed and you will get an ex parte order.

2. covered in point 1

3. Answered in point 1

4. Let it be - just attend the proceedings of the DV case fileyour written statement countering the claims.

5. In you child custody case - Hard but true fact is that until you have not charged your wife wife allegations such as extra marital affair and adultery or your wife is financially broke to take care of your daughter - there are minimum chances of getting a daughter's custody - if you have an unmarried sister and mother at home you still may hope to get the custody.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. Apply to the court to proceed ex-parte against the other defendant.

2. Since the next date has been given in April 2017 you should wait for the appointed date of hearing, and if by then the WS is not on record then apply to the court to proceed ex parte.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) courts are over burdened . you have to wait for your turn

2) defendant can make application to court to condone delay in filing WS . court would permit filing of WS in interests of justice

3) court an grant visitation rights once week on sundays . during school holidays you cna claim that child should be permitted to stay with his father

4) court would consider child preference and child statement that she does not want to meet her father . however court can draw inference that child has been tutored by her mother

5) you can seek joint custody of child

6) disposal of DV / divorce/ custody cases depend upon pendency of cases in court in your city

7) generally it takes around 5 years for disposal of cases

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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