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rahul (a)     25 September 2012

Dealy in w/s

Respected lawyers,

Could you please let me know if there is dealy of 90 days filling W/S in family Court, How one file a W/S ? and What action can be taken by other party if not subimitted ?



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 4 Replies

Adv. Chandrasekhar (Advocate)     25 September 2012

The respondent shall file the written statement along with the condonation application explaining that why the written statment could not be filed within 90 days.  It is the discretion of the court to allow it or not.  Most of the times, the court allows it by imposing some costs on the respondent.  If the court does not allow, the effect of it is that the respondent's written statement shall not be taken on the record, but his right to cross examine the plaintiff and argue the matter still remains. 

stanley (Freedom)     25 September 2012

agree with Mr chandu .

Advocate Bhartesh goyal (advocate)     25 September 2012

File  ws along with application for condonation of delay u/s 5 of Limitation  Act.

Nishant (abc)     25 September 2012

What if, court has taken the W/S or Rejoinder on record , even though is has been filed after delays,but other party objects that advance copy has not been provided. Does the obligation of party which has to file the reply /rejoinder is completed if they hand over the copy of the same in the court to other party before the PO


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