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When to file WS reply to RCR petition from wife?
01-Oct-2023 (In Family Law)
My wife filed RCR on 29-05-19, the court notice / summon did not reach me somehow and first date got passed. I received the summon on 10-08-2018, filed vakalat-nama on 09-09-19 and the next date now is 04-11-19.
My question is when does it become absolutely mandatory for me to submit the WS reply to my wife's petition? I understand that it is a 90 day time frame but not sure from when? Can I somehow postpone it further and till how long?
Another important query is - my wife filed the petition from her hometown where we never stayed nor the marriage took place there, so its out of courts jurisdiction to hear the petition there, How can I ask the court to dismiss the case?
I read online that people have postponed proceedings to even 12-18 months without appearing in court even once. How is this manageable?
The petition filed by your wife for restitution of conjugal rights, the reply is to be filed within 90 days from the reciept of the Plaint that would've been delivered to you alongwith the summons.
However, you can practice various dilly dallying tricks, like the entire copy of the plaint hasn't been provided, change your counsel on every date (not literally) just the vakalatnama, take adjournment on account of sickness etc.,
And you will be able to delay the matter for a long enough time if your counsel is smart enough to play.
Secondly, Yes, on the basis of non maintainability of the Plaint due to lack of territorial jurisdiction you can file a Transfer Petition before the same court and Your wife will be at liberty to file the same before the court of competent Jurisdiction.
However, you can practice various dilly dallying tricks, like the entire copy of the plaint hasn't been provided, change your counsel on every date (not literally) just the vakalatnama, take adjournment on account of sickness etc.,
And you will be able to delay the matter for a long enough time if your counsel is smart enough to play.
Secondly, Yes, on the basis of non maintainability of the Plaint due to lack of territorial jurisdiction you can file a Transfer Petition before the same court and Your wife will be at liberty to file the same before the court of competent Jurisdiction.
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Adv. Rishabh Dua
Delhi | 25+ Answers
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