Time period to file ws

These questions should have been addressed to your Advocate. If you haven't hired one, what are you waiting for?

The time limit for filing a WS is 30 days from the service of summons. The time may further be extended by another 60 days at the discretion of the court. Don't worry about collecting evidence at the moment, focus on presenting your side of the story while rebutting the complaint in detail in your WS.

Of course mention your salary and how the maintenance claimed is highly excessive. Of course she will have to prove your income to ask for the amount she is. How is your property involved in this matter? It'll only come into the picture IF you fail to pay the maintenance (if it is awarded). Then your property may be attached for the recovery of the amount.

Written statement should be filed whatever it is, blah blah. etc with evidence or without evidence or else judge will pass some foolish order asking you to pay a lac rupees per month to your wife that you have failed to file objections.  Once that is done, even HC wont readjudicate such alimony awarded as primarily as respondent has failed to file objections in the first place in the lower court ie the family court.

Now too write some cock n bull story and give as written statement, later on you can make ammendents to your WS.

Mr. Aja Kumar,

 Advocate Mr. Ghai has rightly advised you about the procedure to be followed in your case.  It is not very essential to file a written statement/counter statement or objections to her main petition within the time stipulated.  Your advocate may seek extension of time for filing your objections to her petition by giving some valid reasons therein and in case the presiding officer of the court is not accepting his explanation, a petition u/s 309 Cr.P.C may be filed  seeking adjournment of the case, there is nothing wrong in it.  Even if you file the written statement now itself, what is it going to bother you now, the court will not pass the judgment just based on the petition and the written statement alone.  The case will be taken up for trial, during enquiry she will produce her evidences, subsequently you can also produce your side evidences, during your side evidence make sure to repudiate her claim for maintenance fittingly.  Further, you do not have to disclose your salary details to defend your case, it is her problem to establish her pleadings over the claim.  If she is not able to produce the authentic details about your income through your salary or other sources, she may lose her case, so wait until she provides the court with substantial evidences to prove her case and then go for rebutting it on the basis of your stand.  Be in regular touch with your Advocate, do not let any chance to slip away from you lest you may have to repair the damages .

What ever stipulated time given by court to submit WS follow the same and don't be lethargic in tackling maintenance cases is my personal view. Judges have no sympathy as he is not your grand paa, or mama or tau jii that he will wait for your convenience and till then develop a onesided thought for you. If the wife party is active with dramatic sense to lure the court against her financial hardship then these judges behave like a candle and melt so promptly that next option goes only to session or high court for appeal. So, just taunt your mind to act wisely and atleast show your income,expenditures and liabilities with prime facie there may be no difficulty in that. I say if you have 10 rupees then how could you produce 20 rupees at next second or 5 rupees next minute,so just affirm with your income and act as bonafide so that she would not get any chance to counter you or to play any delay tactic and have undue advantage.

regards.