Maintenance case
Querist :
Anonymous
(Querist) 07 January 2012
This query is : Resolved
If respondent doesn’t appear in the court and if he submits the written statement (WS) regarding maintenance case through speed post with A/D in family court then will it be acceptable by the court?
Selvam Perumal
(Expert) 07 January 2012
Upto my little bit knowledge, the answer to the above query is as follows:
(a) According to Order 3, Rule 1 of C.P.C. the appearance by the party should be “in-person” or “through his recognised agent” or “through his pleader”. So without getting prior permission from the court by citing sufficient grounds, no party should escape from making personal appearance before the court of law.
(b) According to Order 6, Rule 1 of C.P.C. the term “Pleadings” shall mean Plaint or Written Statement. So such a pleadings should be presented before the court only by party or through his recognised agent or through his pleader. So except these three modes, no other modes for filing the pleadings be allowed by the court.
(c) So once the court not entertained the other mode of filing the pleadings then it amounts to the concerned party was set exparte and necessary orders be followed thereafter.
(d) So once the court not entertained the other mode of filing the pleadings, then it amounts to the opposite party standing before the court “without pleadings” as such he cannot be permitted to led his evidence since it is well settled principles of law that, “the court cannot be looked into any piece of evidence without pleadings” as held by the Hon’ble Madras High Court in para No.5 of its judgment as follows: “Unless there are pleadings to that effect, any amount of evidence brought before the Court cannot be looked into”. (Oriental Insurance Company Ltd., Vs. T.Pitchaimani and Others case which is reported in 1998 II MLJ 151) (http://www.indiankanoon.org/doc/306022/)
Kindly I may be corrected if any errors be found into.
Shonee Kapoor
(Expert) 07 January 2012
No it can not be done, you have been rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 07 January 2012
Dear Querist
there is no provision in Law related to maintinance case that the defendant send his WS through Post and court accept it. the defendant shall be appear before the court in-person, through his Authorized Agent or through his pleader otherwise not.
feel free to call
ajay sethi
(Expert) 07 January 2012
well advised by experts . he hs to appear in person or through his lawyer to file his ws
Sushil Sharma
(Expert) 07 January 2012
very well explained by Selvem and other experts
Advocate M.Bhadra
(Expert) 07 January 2012
There is no provision in law,you can appear through lawyer or in person,you can also take some time to file Written Statement by filing Vakalatnama.
Devajyoti Barman
(Expert) 07 January 2012
Yes his personal attendance can be dispensed with unless he engages any advocate.
Raj Kumar Makkad
(Expert) 07 January 2012
THE WRITTEN STATEMENT SENT BY THE WAY YOU TOLD IS ABSURD AND IS UNHEAD IN LEGAL SYSTEM OF INDIA SO SHALL NOT BE ACCEPTED AND SUCH RESPONDENT SHALL BE PROCEEDED WITH EX-PARTE ON THE DAY FIXED FOR HEARING OF HIS CASE.
prabhakar singh
(Expert) 08 January 2012
I agree >You have adopted a strange system.Visit the court on date fixed,engage a lawyer and file a w.s. a fresh,if sent one not taken on record.
Shailesh Kr. Shah
(Expert) 10 January 2012
you are not right in your understanding. engage advocate for it.
V R SHROFF
(Expert) 10 January 2012
If respondent doesn’t appear in the court and if he submits the written statement (WS) regarding maintenance case through speed post with A/D in family court then will it be acceptable by the court?
ANS: NO
But a Exception, I will like to Share:
I WILL LIKE TO ADD MY EXPERIENCE.
A married girl. having no money, faced MJ case at Patan, 700 km from here, and poor girl have no penny, even to go to Station. , came walking to my office with her widow mother. only 3 days left of appearance,in 90 days of WS. Outstation case in Gujarat.
The Girl, Priya Shah, narrated her story, and I prepared WS.
I got it Notarised with Govt of India Notary, and Two diff Sets, sent to Court, one by Speed Post, and another by Courrier, with request to Judge to consider and file as WS. I signed as Identifier, and Notary signed both set each paper.
It Reached Court, in time, and accepted by Court, and we win. MY FREE SERVICE HELPED THE GIRL. FREE INCLUDING NOTARY & POSTAGE.
Later, I talked with Boy, sent them together in a rented room at Malad, to live happily. I drive them to join , at room, saving their broken home.
So, the Provision is strict for Family court, but in other areas, one can file WS it c Post also.
@@@@@@@@@@@@@@@@@@@@@@
IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE (S. D.) PATAN
AT PATAN
H.M.P. No. 21 of 2007
@@@@@@@@@@@@@@@@@@@@@@
Vipul Rasiklal Shah… ……………………Petitioner
Versus
Priya alias Pragati Amritlal Shah
……… Respondent
@@@@@@@@@@@@@@@@@@@@@@
WRITTEN STATEMENT ON BEHALF OF THE RESPONDENT
DATED THIS 27TH DAY OF December 2007
@@@@@@@@@@@@@@@@@@@@@@
ajay sethi
(Expert) 10 January 2012
thanks for enlightening us mr shroff
Raj Kumar Makkad
(Expert) 15 January 2012
Shroff has opened some unresolved facts over the subject so I pay thanks to him.
