1) file WS on next date together with application for condonation of delay
2) engage a lawyer and file WS
3) in the event Petitioner lawyer submits application for exparte on next date mention that your WS is ready and delay in filing WS be condoned
Not filed WS within 90 days
My husband filed the divorce petition in Bandra Family court in April'17 and i received it in May'17.I did not attend the first hearing scheduled in June. I attended the next hearing in person (without any advocate) on Aug 21st and filed the appearance form.My husband did not attend any of the hearings as he is in US but his lawyer was present. Even the judge was not present on this hearing. Therefore, no counselling was scheduled. Most likely, in the next hearing, my husband will be present in person or his advocate will submit an application for video conferencing. Please note that I want to reconcile with my husband. 1. I have not engaged a lawyer yet and not filed a WS and 90 day window is already over. I wanted to engage a lawyer and file a WS once the counselling is over and in case it has been unsuccessful. The next date is in Oct, can I plead the judge to allow me to file the WS after the counselling is over? Can I plead for this in the court on my own as I plan to hire a lawyer once the counselling fails. Any past judgments or citations that can help me back this in court? 2. In case his lawyer submits an application for "ex-parte" or "hearing without WS" in the next case, will the judge still consider my pleading? 3. Is there any application I can submit on my own in the next hearing to request more time for WS?
Asked 8 years ago in Family Law
Religion: Hindu
10 Answers
1.After 90 days also the ws can be filed.90 days time is only directory in nature and thecourt almost in allcaseson payment of penalty allows party to file ws.
2. Without taking any further chance do file your ws along with a petition explaining the delay in filing the same.
3. You better engage an advocate a lot of legal deliberations required in your case.
1. You should not wait till the counselling is over to file WS. It has to be filed within 90 days from the service.
2. If you file the WS in October it may be opposed by your husband and the court may strike off your defence.
3. Do not take the risk, file your WS. Counselling can be conducted despite the WS being filed.
There is no such past case and these request depends on the facts, you can go ahead and request the judge for the same.
if you will be present there and will present an application then the judge will be bound to pass an order on the application whereupon time will be given to you for filing WS
application under section 151 CPC
Regards
1. You can seek mediation before court even before filing your written statement.
The court will allow your request and send the case to mediation centre for reconciliations.
If the counselling fails then you may state before court that you would like to engage the services of a lawyer and then file a written statement through your lawyer.
2. Yes, the court will consider your request, his lawyer cannot present papers for exparte, it is the court which decides about this situation.
3. You can file a memo seeking the court to direct the case to be heard by mediators first to confirm chances for reconciliations or else to revert to regular court after that.
1. As pointed by lawyer Anilesh Tiwari and T Kalaiselvan, how can I file an application to the court or file a memo to go for mediation before filing WS? 2. Only a lawyer is authorized to prepare such an application or memo? Or can I file it on my own? 3. Can I ask a lawyer to prepare this for me without engaging him for the case and signing a vakalatnama?
Asked 8 years ago
First file ws and then ask for mediation.It would keep case in proper order.
you need not engage any lawyer
2) there is no bar to you appearing in person before family court and submitting written application
3) you can get application drafted by lawyer without giving him vakalatnama to appear on your behalf in court
1. The strategy that you are following is impracticable.
2. Engage a lawyer to do the needful.
There is no need for you to engage a lawyer in the family matter cases, though you can take help of a lawyer and get your documents drafted.
regards
You can draft a memo by yourself or can take the assistance of any lawyer to prepare a memo to be filed by you as a party in person.
You can request the court for mediation even without presenting a memo in this regard, the court would allow your request or the court may direct you to file a memo in this regard and would ask you to serve a copy to the opposite side for recording their objections to this.