• Reply filing time limit in divorce case

Date of filing case and notice served - 16/9/2021
Wife appeared in court - 26/11/21
Wife filed objection 7-11 as communicated by lawyer asking the court to dismiss the case as filed again but on different grounds and ask for punishment for me. But no jawaab daawa submitted in 30 days and no permission sought to condone delay. 90 days passed also. 
Now 7-11 application from wife also dismissed now on 21/11/2022
Do the time period for jawaab daawa gets extended now or time limit is over from date of notice or first appearance? 
Do the application from our side to close the jawaab daawa from my wife legally good? Or she may file now and judge will allow that now. 
Now how much time will be given to her for filing reply.
Asked 2 months ago in Family Law
Religion: Other

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8 Answers

for Non-commercial disputes the extendable period of 90 days to file a Written Statement continues to be directory in nature.

 

wife can make application for condonation of delay 

 

court woukd in interests of justice condone delay and permit wife to file WS on payment of costs 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Pending application for rejection of plaint, time for filing of jawab will not commence. Limitation to file jawab under Order VII Rule 1 will start to run from the date of dismissal of application for rejection of plaint.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

Dear client,  in this case an application for the extension of time can we file before the court however if you want you can proceed with the order ex-parte

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

You need to fie the Written statement in 30 days from receipt of summons from court  The said period is extended upto 120 days after permission of court

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

The court will grant reasonable time to both parties for counter. You may ask your lawyer to press the court for an ex parte order as your wife deliberately delays filing the counter though given sufficient time.

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 on 5.0

Hello,

  1. Although the time limit for filing of the Written Statement is 90 days with extension of time granted, such rule is directory and not mandatory and therefore, the court often allows the Respondent to file her reply/written statement by imposing a penalty for the delay.
  2. One cannot say, how much time the court would allow. It may allow time till the following date and it could be a month.

S J Mathew
Advocate, Mumbai
3430 Answers
175 Consultations

5.0 on 5.0

- As per the provision of the CPC , it clear that power under Order 7 Rule 11 of the Code can be exercised at any stage of the suit either before registering the plaint or after the issuance of summons to the defendants or at any time before the conclusion of the case 

- Further if the application under order 7 rule 11 is filed , then it can be given preference for hearing before starting the trial of the case. 

- Hence, the limitation of filing the Reply will run from the date of dismissal of the application , however it depends upon the discretion of the court. 

- Further, the reply should be filed within the period of 30 days , but can exceed to 90 days . 

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

As per provisions of CPC, the time limit for filing written statement is 120 days (30 days following service of summons + 90 days grace period). This restriction is solely applicable to commercial cases.

CIVIL PROCEDURE CODE, 1908 (CENTRAL ACT NO. 5 OF 1908) (AMENDMENT ACT OF 2002) -- ORDER 8 RULE 1 -- What is the maximum time permissible to file written statement after the expiry of 30 days -- Whether Court has power to extend time beyond 30 days. HELD -- Power to grant extension for filing the written statement stands exhausted no sooner the Court grants 60 days beyond the initial period of 30 days regardless whether the extension is granted is one go or in smaller bits from time to time. After the period of 90 days, the defendant looses the right to file the written statement. Beyond that the Court has no power to grant time beyond 90 days for filing written statement from the date of service of summons.

It is to be noticed that if the Written Statement is not filed, the Court is required to pronounce judgment against the defendant. The words "against him" are to be found in Rule 10 of Order 9 which obviously means that the judgment will be pronounced against the defendant.

In this case as the petition under Order 7 rule 11 had been disposed, the court may reckon the limitation from the date of disposal of the said petition for allowing the time period to file the written statement. 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

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