Under section 13(1)(ia)ib)
Mohan R
(Querist) 12 January 2013
This query is : Resolved
Dear Experts ,pl advise
A is the petitioner who has filed for divorce against his wife B under the above referred section for cruelty,desertion etc., with credible evidence.
B, the respondent does not file W.S. for nearly a year inspite of an earlier court order giving directions in this respect. Only B files an application u/s 24 HMA for maintenance. B is living with the petitioner in the same shared household.
Now for just 3 questions???
Qa) Does civil law apply in Divorce cases and if so does B have to file an application U/S 5 of the Limitation Act for condoning delay if she wants to file W.S.
Qb) Can the defence of the respondent under the present circumstances be struck out under Order 8 R 1and 10 of CPC.
Qc)Can inherent powers of the Court still allow the W.S. even if there are no sufficient grounds shown for the delay??
I have heard in divorce cases not much significance is given to delays in filing W.S,and they are taken at any stage even after one year.Is this the practice in some cases??
Thanks
Devajyoti Barman
(Expert) 12 January 2013
1. She needs to properly explain the delay beyond 90 days but no need for filing separate application u/s 5 of the Act.
2. No if the ws is accepted by the court.
3. No
Raj Kumar Makkad
(Expert) 12 January 2013
a. Yes.
b. Yes, if court initiates such action.
c. The aim and object of Family court Act is to do justice and take lenient view towards the parties and not to press high technical issues therein.
Advocate Rajiv Mishra
(Expert) 13 January 2013
until her application u/s 24 HMA decides she doesnt need to file her WS,
ajay sethi
(Expert) 13 January 2013
agree with experts . delay in filing WS would be condoned . court adopt a lenient view
