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Divorce

(Querist) 26 January 2011 This query is : Resolved 
Respected Sir,
I filed a divorce suit u/s 13(1) of HMA on 03/11/2006 before Ld. ADJ at Katwa court. My wife transferred the suit to the court of Ld. ADJ at special court Durgapur in January 2008. She filed a petition for litigation cost u/s 24 of HMA in February 2008 but the suit had rejected as she is a permanent staff nurse of a primary health center under West Bengal Govt. There was no judge from 31/12/2009 to 03/05/10.
Now on 23/09/2010 she again filed a petition for maintenance of our 5 and 1/2 years old daughter u/s 24 and 26 of HMA.
Till 24/01/2011 she has not filed Written Statement for the divorce suit and my lawyer told me I have to disposed off the case u/s 24 then I can proceed for the divorce case.
My question is it true? If not please advice me and told me the maximum time to submit written statement.
Atuliya (Expert) 26 January 2011
There is no such thing as maximum time. The WS is to be given on the next date as decided by the judge. If WS not given then the judge may proceed on his own or give some additional time for filing the WS.
To the best of my knowledge she cannot some again u/s 24 & 26 of HMA. This is bcoz earlier her petition has been dismissed u/s 24 and at that time she has not asked for child's maintenance which she ought to have done.
Other experts may correct me on this if necessary.
Devajyoti Barman (Expert) 26 January 2011
After the amended CPC in the year 2002 a defendant needs to file WS within 90 days from the date of his apperance in the suit. In your case if she does not file the same then she would face the consequenses though the court may accept her WS if she properly explains the delay in filing the same.
Yes she can claim again for alimony pendente lite as this time she prayed for your daughter.
Advocate Bhartesh goyal (Expert) 26 January 2011
Mr. Barman is absolutely right.She can very well claim the maintenance for your child.
G. ARAVINTHAN (Expert) 27 January 2011
your advocate is correct. you need to dispose of the application first, then have to press the court for not filing written statement


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