Issue of law after striking off the stage of written statement
Law Querier
(Querist) 21 August 2016
This query is : Resolved
In Hindu marriage petition of divorce before family court, the respondent’s stage of written statement has been closed by family court due to non-filing of written statement though enough time granted to the respondent.
But, the divorce petition is non-maintainable and liable to dismiss according to legal grounds (issue of law).
Question: How can respondent take objection against the divorce petition (as it is not maintainable according to law) though his stage of written statement is struck off?
Devajyoti Barman
(Expert) 21 August 2016
Go to high court challenging the order disallowing you to file WS.
The high court is likely to allow you to file the ws.
If not then you will get chance to cross examine her and at the end put verbal argument.
Then you place your argument on law point.
But first try to file WS through high court. It is very much essential.
adv.bharat @ PUNE
(Expert) 21 August 2016
Agreed with expert opinion.
Author need to act accordingly.
Raj Kumar Makkad
(Expert) 21 August 2016
Even if the defence of the respondent is struck off,he has right to argue on all points and moreover, it the petitioner which has to prove his case on his legs and he cannot take the benefit of the striking off the defence of the opposite party. Legal question can be raised even if the same has not been rebutted in the written statement at any point of time.
Rajendra K Goyal
(Expert) 22 August 2016
How are you concerned?
looks like family law examination question.
Law Querier
(Querist) 29 August 2016
Thank you for all experts kindly reply.
The respondent wants to re-open the stage of his written statement by an application to family court. If family court may not re-open the stage of respondent, Can the respondent file an application to dismiss the divorce petition under legal grounds by using the below mentioned section without re-open his closed stage of written statement?
Section 23 in The Hindu Marriage Act:-
23 Decree in proceedings.—
(1) In any proceeding under this Act, WHETHER DEFENDED OR NOT, if the court is satisfied that
(e) There is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly.
