Ramesh Pradhan (India) 20 March 2016

Strategy to counter dragging by wife not filing ws

Recpected Sir,

I have filed a case for divorce on grounds of cruelty by my wife. She is dragging the case. First two ocassions she failed to appear without valid reason. Third ocassion her lawyer appeared. the Judge asked him to file Written Statement. On next hearing he still did not file WS and asked the judge to refer case for mediation. During the mediation, she didn't still come and I told my version to mediator and offered an amount for permanent settlement. She didn't come and mediation failed.

Now on next hearing she is proposing to refer the case once again for mediation. This way she is dragging the case. And WS not filed. Time of more than 90 days for filing WS is over long back.

What can be my strategy to counter this inordinate dragging

Can I plead to judge against delay in more than 90 days and still not filing WS

Can I put in an application to Judge to seek mediators comment as to why mediation failed

Please suggest a overall strategy

Reply Follow

5 Replies

b.goheel 20 March 2016

not clear, feel reader may confuse

fighting back (exec) 20 March 2016

if you are interested in the mediation, carry it on, else. tell the mediator that you are not interested in the mediation. no need to tell the judge, the mediator will mark you case as 'mediation failed; and then will be put up in the court for trial. you can file an application for requesting the judge to pass a 'no say order' after which she will either have to file a say. or a no say order will be passed by the judge. and the case will proceed. in case a no say order is passed, she looses her opportunity to present her reply to your petition.

Ramesh Pradhan (India) 20 March 2016

Sir,

Thanks for the advice, just a small clarification. Under which provision is the application for No Say order passed

fighting back (exec) 20 March 2016

i cannot give you the exact code as per CPC. however, there exists a provision under CPC to apply for a no say order, if the opposite party is not filling the say as per 90 day limitation procedure. however, also keep in mind, that this order can easliy be set aside by the judge if your wife applies for a condonation of delay in filing her written statement.

however, first things first. go to the mediation. tell him if you are interested or not, and after it fails and goes back to court. ask your lawyer to file a no say application. after that your wife will come to the court on the next date and file her say.

Mukesh sharma (job ) 04 April 2016

hi if your wife not appear for meditaion and .delay in case tell now when she file again for meditioan tell to meditior all truth you are not interested and you want a divourse and no need to settle again meeting than he give all report to court and aftr rcourt take action

that s it