Family court strike out defense without try reconciliaton
Jyot
(Querist) 10 August 2016
This query is : Resolved
In family court, Petitioner from foreign country filed divorce petition through her power of attorney holder under the ground of cruelty without the permission of family court. The POA holder has appointed a lawyer for court proceedings in family court.
Respondent wants to do conciliation with his wife in family court. But, the family court did not refer the matter for conciliation to the Counselor according to family courts act and rules and insisted the respondent to file his written statement.
Then, the respondent did not file his written statement, but filed an application-X under section 9 of the family courts act after 200 working days of respondent’s notice excluding public holidays. In that application-X, he is requested to family court to try for conciliation with his wife according to section 9 of the family courts act.
The hearing of the application-X filed by the respondent is still pending. Now, the advocate of the petitioner has filed an application-Y to close the stage of written statement of the respondent after 140 working days from the respondent’s application-X and after 340 working days from the respondent’s notice.
The advocate of the respondent convinced to respondent for not filing of written statement of respondent in court as the hearing of the application-x filed by the petitioner is pending.
Then after in every date in court, respondent sought to give next date for written statement by filing number of applications showing reason in applications that respondent wants to try for reconciliation and due to pending decision on application-X filed by respondent in family court.
Many times Family court permitted date for filing of written statement to the respondent.
Then, the Judge permitted and ordered the last date to the respondent to file his written statement and insisted to respondent to file his written statement on next date without fail and told that reconciliation can do any time in the proceeding and if respondent would not file his written statement on next date, the judge would close the stage of written statement of respondent.
Then, on the last court date, when respondent filed application of permitting next date of WS, it has been rejected by family court and the defence of respondent has been stroked out by the family court order.
(1) What respondent can do as he aggrieve by the order of strike of defence as court has still not try for reconciliation and pending his application-X (for reconciliation) in court proceeding?
(2) Whether respondent cannot file the revision/appeal application in High Court for the order of family court under section 19 of family court as it is called as Interlocutory order?
(3) Is it advisable that respondent can file revision application in same family court according to order 47 rule 1 read with Section 114 CPC?
(4) Can respondent file an application to dismiss the petition in family court now as the petition is barred by law/no cause of action though strike of defense by family court?
(5) Any other advise in favor of respondent will be appreciable.
Dr J C Vashista
(Expert) 11 August 2016
Do not have so much time and energy to go through such a lengthy story, it is not a query to form an opinion and advise.
Consult a local lawyer.
Jyot
(Querist) 15 August 2016
I request the other experts to give reply of my query.
Ms.Usha Kapoor
(Expert) 16 August 2016
Dear Client
a
If the High court directs the Trial court may restore your right to file written statement and also restore or cancel striking off your defense.
Ms.Usha Kapoor
(Expert) 16 August 2016
iT IS YOUR AND D yOUR LAWYRS PART THART YOUR CASE FOR FIING WRITTEN STATEMENT WAS CLOSED AND DEFENCE WAS STRUCK OFF OBVIOUSLY DUE TO O YOUR LAWYERS FAULT. hE SOUGHT REPEATED ADJOURNMENT BY NOT HEEDING THE judge's ADVICE TO FIRST FILE A WRITTEN STATEMENT AND THEN TRY FOR RECONCILIATION LATER ON. NowFILE A CRP IN high Court FOR RESTORATION OF YOUR DEFENCE AND OPPORTUNITY TO FILE YOUR WRITTEN STATEMENT by remanding the matter to trial court.. The COURT My cancel the striking out of your defence and order the lower court to give you another opportunity to file written statements.
