Whether objection can be made if op file w.s after long period of time
Raj
(Querist) 23 February 2015
This query is : Resolved
My brother has filed the Child custody petition before the Family court Delhi in August 2013..Notices were issued..bnut the wife did not appaaer and the court proceeded against ex-parte prosecution evidences.therafter she filed the Transfer Petition and case was transferred to her place at her civil court senior division in October 2014.therafter 3-4 adjournments has taken place and court has directed to file the Written statement
My query is since the family court has already proceeded agsint as ex-parte and her opportunity of filing the W.S has already been lapsed and therafter she filed the transfer petition..whether transfreee i.e civil court senior division reserves the right to grant him opoortunity to file the written statement?
if not, under which rule we can made objection and made appeal against the order of the civil court?
ajay sethi
(Expert) 23 February 2015
in the interest of justice court has permitted her to file WS . better fight case on merits rather than on technicalities
Devajyoti Barman
(Expert) 24 February 2015
It is a new court and hence new order is passed. In any event getting the case fixed for ex-parte would give you more troubles even if decree is passed the same would be set aside if appealed against.
Rajendra K Goyal
(Expert) 24 February 2015
The court has permitted WS, either proceed with the case on merits or challenge the decision.
Dr J C Vashista
(Expert) 24 February 2015
No legal infirmity is there in allowing to file WS by transferee court to meet the ends of justice.
T. Kalaiselvan, Advocate
(Expert) 26 February 2015
It is not confirmed that whether the transfer was allowed while the main case was disposed exparte without setting aside the existing exparte order? However, as rightly observed by experts, in the interest of justice, the court has allowed to file written statement, there is no irregularity in it, you may proceed with prosecution and concentrate on it instead of wasting time over such sundry issues.
