Confirm the details for Section 35 cpc , cost for delay

942 votes

You may file an application or make an oral prayer that: the adjournment is delaying the proceedings, the petitioner is not diligently prosecuting his own divorce petition, unnecessary adjournments are causing harassment and litigation expenses to the respondent, therefore, exemplary or realistic costs should be imposed. In exceptional prolonged delay, respondent may approach the jurisdictional High Court under Article 227 of the Constitution seeking: direction for time-bound disposal, restriction on unnecessary adjournments, expeditious conclusion of evidence.

Advocate Shubham Agarwal LawRato

577 votes

spouse is causing unnecessary delays, repeatedly missing hearings, or filing false applications, your attorney can file an application under Section 35 CPC seeking litigation costs. we need to discuss face to face

Advocate Aveek Bose LawRato

691 votes

Yes, the respondent can oppose repeated adjournments and seek costs where the petitioner is unnecessarily delaying the proceedings. The court has discretion to impose costs while granting adjournments. However, non-payment of costs does not automatically mean that the hearing will never take place; the consequence depends on the specific order passed by the court and the facts of the case. If the petitioner repeatedly fails to lead evidence despite sufficient opportunities, the respondent may request the court to grant a final opportunity, impose realistic costs, close the petitioner’s evidence, and proceed with the matter in accordance with law. The respondent may also place on record the history of delays and seek expeditious disposal of the case. Family Courts are expected to discourage unnecessary adjournments and ensure timely adjudication. The appropriate remedy depends on the stage of the proceedings, the orders already passed, and the reasons cited for adjournments. A careful review of the order sheets and case record is required to determine the most effective strategy to prevent further delay and protect the respondent’s interests. A detailed legal assessment can help identify the strongest procedural remedies available in your specific case.

Advocate Atanu Patra LawRato