swagath (md) 02 June 2012

Divorce- written statement

i have filed a divorce petition on 18/03/2010 and notice was served on 24/4/2010 and the respondent counsel took time for filing Written statement and later on 26/06/2010 he filed an application Under HMA 24 and went on deraging it and finally it was decided on 11/04/2012 and now on 30/05/2012 the respondent cunsel is filing the Written statement with an application under 151 of CPC for which i onjected the time limitation and the judge has asked to file objection. can it permitted without reason or what best i can do kindly advise. I have already said about the rule 10 of order 8 of CPC

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Adv Archana Deshmukh (Practicing Advocate) 02 June 2012

See in matrimonial cases the court will allow their application and would let your wife to file her defence particularly when an application u/s 24 was pending. The court will just impose some cost and would allow her to file her ws. It is sensible to proceed with the case without wasting further time and expediate the trial.