harrassedhusband (manager) 15 September 2014

Time limit for written statement

Dear Learned members,

wife filed divorce. on 1st date both parties sent to councelling.

wife not agreeing to stay together to save family but rudly behaving for extortion for money by blackmailing with threats of many further false cases in counselling.

next date of counselling is 27th september for finding amicable solution to save family.

meanwhile 30 days time limit for ws is on 20th sept,

what should be done :

1. Immediately file written statement ?

2, Wait till results of counselling till 27th september ?

3. file an application in court for grant of extension of period to file ws stating that counselling is going on..

someone told that judge is very strict and will pass exparte. others say when case is in counselling no need to file ws as it might make other party furious. I am confused.

Thanks in advance for valuable advice.

Reply Follow

1 Replies

Tajobsindia (Senior Partner ) 15 September 2014

1. It is 90 days and is directory.

2. Ref.: Salem Advocate Bar Association, Tamil Nadu Vs. Union of India [2005 (5) SCJ 519: 2005 AIR (SC) 3353; 2005 AIR (SCW) 3827]

3. Reasoning:

"Order VIII Rule 1 - Written Statement - Limitation - Provision of Order VIII Rule 1 providing for upper limit of 90 days to file written statement is directory - The rules or procedure are handmaid of justice and not its mistress. In the present context, the strict interpretation would defeat justice - The effect would be that under Rule 10 of Order VIII, the court in its discretion would have power to allow the defendant to file written statement even after expiry of period of 90 days provided in Order VIII Rule 1. There is no restriction in Order VIII Rule 10 that after expiry of ninety days, further time cannot be granted. The Court his wide power to 'make such order in relation to the suit as it thinks fit'. Clearly, therefore, the provision of Order VIII Rule 1 providing for upper limit of 90 days to file written statement is directory - Order extending time to file written statement cannot be made in routine. The time can be extended only in exceptionally hard cases. While extending time, it has to be borne in mind that the legislature has fixed the upper time limit of 90 days. The discretion of the Court to extend the time shall not be so frequently and routinely exercised so as to nullify the period fixed by Order VIII Rule 1"
4. Hence wait for counseling to be finally over and file sent back to concerned Court and next date of hearing given by Court appointed Counselor fixed.

1 Like