630+ Lawyers are online 
Delay in Divorce Proceedings Due to Non-Filing of Counter
09-Jun-2026 (In Divorce Law)
My husband and I have had a divorce case pending since April 2025. Although he regularly appears in court, he has not filed his counter/reply to the divorce petition. He only states that he is willing to give a divorce but has not taken any formal legal steps. The petition was filed by me, and the delay is affecting the progress of the case. He is a police officer, and I seek guidance on how to ensure the case proceeds without further delay.
Ask your advocate to request the Family Court to close the respondent’s right to file a counter/written statement due to repeated non-filing despite sufficient opportunities.
* Seek a speedy disposal/early hearing petition citing prolonged delay.
* Request the court to record his statement if he is repeatedly saying he is willing to give a divorce.
* If the Family Court continues granting adjournments without progress, your advocate may consider approaching the Madras High Court for directions to expedite the case.
Helpful?
Adv. Barath Kumar
Chennai | 25+ Answers
Chat
Dear Client,
1. The petitioner may request the Court to close the respondent's right to file a counter after sufficient opportunities have been granted.
2. The Court can proceed with the case and record evidence without further delay.
3. The petitioner may also seek early disposal of the divorce petition.
4. The respondent's position as a police officer does not give him any special exemption from complying with Court procedures.
5. You may schedule an appointment regarding your case by phone or email at your convenience.
Thanks & regards,
Priyanka
Advocate
Coimbatore
Helpful?
Adv. Priyanka
Coimbatore | 100+ Answers
Chat
Since your husband has appeared in the proceedings but has not filed his counter despite sufficient opportunities, you may request the Family Court to close his right to file the counter and proceed with the matter in accordance with law. Through your advocate, you can seek an early hearing and oppose unnecessary adjournments. If both parties are willing to dissolve the marriage, you may also explore the possibility of converting the matter into a mutual consent divorce, subject to legal requirements and agreement on all terms. The fact that he is a police officer does not entitle him to delay the proceedings indefinitely. The court has the power to regulate the proceedings and ensure expeditious disposal.
Helpful?
Adv. Hemalatha Narayanan
Chennai | 100+ Answers
Chat
if the case is pending for long without any progress you may file the CRP before the honble high court and seeking prayer for speedy disposal of the divorce with in stipulated time which fixed by high court once it is done divorce proceed will be speedup by the family court
Helpful?
Adv. Balaji T
Chennai | 25+ Answers
Chat
Hi Sir/mam
your query purely relates to the procedural aspect generally miscalculated. It is to be understood that the legal process is quiet tedious.
The Respondent, (in this case your husband) has 3 months time for him to file the counter. the court will automatically grant 3 months time for your husband without any question. if at all the court still delays after 3 months, then you can very well please the court to set your husband expart and proceed without his presence and password orders accordingly.
please note that your husband's position as a police officer will not affect the court in any manner.
Helpful?
Adv. Adhithyan C
Coimbatore | 100+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
