Delay in written statement

WS has to be filed within 30 days or  maximum 90 days from the service of summons .What power of attorney is given  by your wife to her father .  if someone dont file by 90 days condonation of delay application has to be produced to court for filing of ws than that application is contested by both lawyers.Eventually judges gives order to file ws or not. In next date if your wife dont file ws than continue with further court proceedings.

Adv. Nikhil Seth

Wife had given general power of attorney to his father that he will fight on behalf of her as she is in south korea. The respondent party is not filing w/s till now. We are calculating number of days excluding sundays and govt holidays like gandhi jayanti,ganesh festival etc so once 90 dys over we will take objection.Any case law regardng this. Also do I have to do counselling with her father as he is power of attorney? Any case laws regarding written statement and counselling.

hard to understand how come poa accepted by court for divorce case , because it is wife who has to mention all details and facts. Which court  matteris going on and frm where. in divorce wife has to be present she is the one who got married and not father.

So how can we take objection regarding ths issue? we are searching for case law so we can produce in court. Can mutual consent dvorce be done n ths case? can u help us with case law?

wife and  husband  can file for  mutual connsent in that case wife has to be present in court for mutual consent divorce . Power of attorney  is not acceptable.  

I hope it is matrimonial case pending before Family court.

Yes 90 days time is envisaged under cpc to file WS. But you cannot excluse the sundays and other holidays they are also to be taken in consideration for calculation of 90 days.

In divorce case no power of attorney will be entertained.

holidays are not deducted while calculating 90 days, actually period for filing ws is 30 days but court grants it as 90 days and even more upon application produced by respondent, power of attorney is not acceptable,

Suneel Moudgil, Advocate 

even after 90 days she can file WS by filing an application seeking permission to file WS, if there is an order of WS not filed.

Reasonableness is the touch stone in all the proceedings before the Court. Opportunity should be given to the party to act.