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Never Give Up (Fighter)     07 July 2012

Struck defense in gwa

Hello Learned members,

 

Husband files GWA petition for custody. Wife delaying the written statement from long time to avoid meeting father to a kid.


What can be done in this situation ?


Can we argue for striking off defense in GWA application as not filing written statement from long time ? It should be verbal arguement or written application ?


Learned members please help.



Learning

 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 July 2012

There is no question of striking off defence of the opponant at this stage as there is no defence on record yet !!

 

On the next date submit to the court orally or by filing an application for an order for proceeding with the case WITHOUT WRITTEN STATEMENT of the wife.

1 Like

Never Give Up (Fighter)     07 July 2012

Sorry Archanaji, I have used in-correct word as i am learning legal things while following the cases. But you got it right, written statement is not filed by wife since long time.

Adv Archana Deshmukh (Practicing Advocate)     07 July 2012

Its OK Never Give Up.... I just wanted you to know that 'striking off defence' of the respondant is quite a different thing from proceeding the case without WS of the respondant. 

Just file an application for proceeding the case without WS of the respondant and press it before the court.

3 Like

rajiv_lodha (zz)     07 July 2012

Is there any section of CPC also on which this applocation stands?

rajiv_lodha (zz)     11 July 2012

Kindly put some light!

Never Give Up (Fighter)     11 July 2012

Hi Rajiv,

Following is the draft sent by Galsober, may help you.

Rule 8 CPC

IN THE COURT OF ADJ, CITY
Hus VS Wife

Application Under Rule 8 of the CPC to strike-off the defence

Resp Sir,


The applicant states as under:
1) That the above noted petition filed on xxx and the respondent appeared on dated mmm through her counsel. The time for filing the written reply was 30days according to CPC. But till today the respondent has not filed her reply of the petition. It is pertinent to mention here that the respondent received summons on dated nnnn.

2) That the reply of the respondent is not filed till today without any reason or without the permission of this Hon’ble Court.

3) That now the defence of the respondent should be struck off in accordance with the rule 8 of the CPC.
It is therefore respectfully prayed that the application may kindly be allowed and the defence of the respondent may kindly be struck-off.


 

Never Give Up (Fighter)     08 August 2012

Fighters,

 

After striking off the defense, wife filed written statement in the court.

 

What would be next step in GWA case seeking for custody ???

rajiv_lodha (zz)     08 August 2012

So u put that application?

Next step: Trial would resume as per normal process of a contested civil case

Never Give Up (Fighter)     08 August 2012

Yes Rajiv, we put the application. I was actually thinking we could have put it lot earlier and things could have moved faster..

Can you please let me know the process of civil case ..its all new to me ..


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