Dear all,
I need your valuable guidance in my personal HMP matter.
I am a serving class I officer at Raigad and I had filed HMP on 12/06/2012 on the grounds of cruelty by wife at Alibag court. After service of summons she appeared in the court on 03/08/2012 and also filed an application for mediation & also for time to file say. Mediation failed. After subsequent dates, On 21/12/2012 the court issued No Say order and it also ordered that Petition to proceeds without say. As a process I filed my Evidence Affidavit on very next date That is 11/01/2013.Meanwhile she filed transfer petition (MCA) in Bombay. High Court on the grounds that she had a baby boy and it is inconvenient for her to travel to & fro Kalyan and Alibag. Then the case was transferred to Kalyan court. On very first date I.e. 05/09/2013, she filed an application for setting aside the no say order of Alibag court on the grounds that because of mediation and pending transfer petition and also because of baby she had no time to file ws in the HMP. Meanwhile she also filed DV case on 20/03/2013, Cr.P.C. 125 on 18/02/2013 & restitution of conjugal rights case on 04/02/2013 all cases in Kalyan court. She also file a complain in Mahila Takrar Niwaran Samiti at. Police station, Ulhasnagar.
Here question arise that whether mediation and lis pendency of MCA (Although HC never ordered stay and proceedings continued at Alibag court till final order of MCA) can be the excuses for not filing WS.
Whether the court can Condon a delay of more than 14 months where limit prescribed is 90 days only.
the case is fiercely contested and court is going to take decision on her application on very next date.
kindly guide me in this regard. Any case laws or rulings are available with you kindly share.
regards/-
Jai
