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AjayKumarSharma (Anon)     12 October 2013

Time period to file ws


I appeared before the magistrate in the false case filed by my wife under sec 125 CrPC. She gave only 20 days to file WS and next date a month post the same. Out of the 20 days there are about 12 days remaining since I work away from my native place where the case is filed. What should I do? I understand that filing a good WS is not a big deal since it takes only few hours of concentrated effort on my part. If someone can guide me on:

1. 20 days is too less a period to file a WS and also collect evidence to support the same. Should I

a. Take my time to collect evidence and create a solid WS and then file it even if it goes beyond the 20 days timeline.

b. Do not worry about the evidence as yet and just file the WS and continue collecting evidence against her false claims.


2. What happens if I can't file the WS in 20 days limit but file it before the next court date and also send across the same to her advocate? Is it a violation of law and could I be punished for that? What type of punishment is given in such cases?

3. Do I need to mention my salary details in the WS although the court has not asked for it but my wife has claimed 5-6 times my actual salary in her notice? Is there a way to put the onus back on her to prove the same?

4. Can something be done to save my property in which my parents had invested their hard earned retirement income but aren't owners on paper due to Home Loan on the property which was taken by me?


Please guys.. looking for a compassionate response.


 5 Replies

Prashant Ghai (Advocate) (     12 October 2013

These questions should have been addressed to your Advocate. If you haven't hired one, what are you waiting for?


The time limit for filing a WS is 30 days from the service of summons. The time may further be extended by another 60 days at the discretion of the court. Don't worry about collecting evidence at the moment, focus on presenting your side of the story while rebutting the complaint in detail in your WS.


Of course mention your salary and how the maintenance claimed is highly excessive. Of course she will have to prove your income to ask for the amount she is. How is your property involved in this matter? It'll only come into the picture IF you fail to pay the maintenance (if it is awarded). Then your property may be attached for the recovery of the amount.

1 Like


Written statement should be filed whatever it is, blah blah. etc with evidence or without evidence or else judge will pass some foolish order asking you to pay a lac rupees per month to your wife that you have failed to file objections.  Once that is done, even HC wont readjudicate such alimony awarded as primarily as respondent has failed to file objections in the first place in the lower court ie the family court.

Now too write some cock n bull story and give as written statement, later on you can make ammendents to your WS.

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T. Kalaiselvan, Advocate (Advocate)     12 October 2013

Mr. Aja Kumar,

 Advocate Mr. Ghai has rightly advised you about the procedure to be followed in your case.  It is not very essential to file a written statement/counter statement or objections to her main petition within the time stipulated.  Your advocate may seek extension of time for filing your objections to her petition by giving some valid reasons therein and in case the presiding officer of the court is not accepting his explanation, a petition u/s 309 Cr.P.C may be filed  seeking adjournment of the case, there is nothing wrong in it.  Even if you file the written statement now itself, what is it going to bother you now, the court will not pass the judgment just based on the petition and the written statement alone.  The case will be taken up for trial, during enquiry she will produce her evidences, subsequently you can also produce your side evidences, during your side evidence make sure to repudiate her claim for maintenance fittingly.  Further, you do not have to disclose your salary details to defend your case, it is her problem to establish her pleadings over the claim.  If she is not able to produce the authentic details about your income through your salary or other sources, she may lose her case, so wait until she provides the court with substantial evidences to prove her case and then go for rebutting it on the basis of your stand.  Be in regular touch with your Advocate, do not let any chance to slip away from you lest you may have to repair the damages .

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What ever stipulated time given by court to submit WS follow the same and don't be lethargic in tackling maintenance cases is my personal view. Judges have no sympathy as he is not your grand paa, or mama or tau jii that he will wait for your convenience and till then develop a onesided thought for you. If the wife party is active with dramatic sense to lure the court against her financial hardship then these judges behave like a candle and melt so promptly that next option goes only to session or high court for appeal. So, just taunt your mind to act wisely and atleast show your income,expenditures and liabilities with prime facie there may be no difficulty in that. I say if you have 10 rupees then how could you produce 20 rupees at next second or 5 rupees next minute,so just affirm with your income and act as bonafide so that she would not get any chance to counter you or to play any delay tactic and have undue advantage.


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Sarvesh Kumar Sharma Advocate (Advocacy)     14 October 2013

yes agree with prashant's view!

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