Faizan 17 April 2016

Delay in filing CrPC 125 WS

CrPC 125 was filed against me in Family Court in April-2015 (last year). I approached Supreme Court for Inter-state Transfer and I got stay on CrPC 125 proceedings from SC. The stay continued because opposition was not filing reply in SC. Now last month they have filed a reply in SC and date of hearing is in May-2016. Most probably I don't think the CrPC 125 case won't be transferred. My concern is that my lawyer is not filing WS reply in Family Court saying that it will expose our strategy and hence we will file reply just a few days before Family Court hearing once stay is removed or case transferred. He is saying at the max there will be a small fine. Is it the right strategy by my lawyer or will this affect me badly once Family Court CrPC 125 proceedings start?

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4 Replies

(Guest)

- You don't want case to proceed ex-parte therefore WS should be filed as ordered by judge.

- If you fail to comply with order exactly (e.g. WS given to other party 1 week in advance etc.) but still file WS by the date of next hearing it will not be an issue.

KS Johal 17 April 2016

If you do not file the case there is a probability that it may proceed as ex-parte.

Faizan 17 April 2016

The case is yet to have its first hearing as there is currently stay on it from Supreme Court.

LegalFighter (test) 17 April 2016

Leave, let it goes exparty. You have 90 days to again cancel exparty. Check ur lawyer. Be cool.. No one can arrest u if u don't pay for one year from the date of crpc judgement