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Non filing of written statement
27-Aug-2023 (In Divorce Law)
i filed a divorce 11-02-2014 against my wife.she appeared before court but not filed written statement even after 2 years,nor applied for extension yet.can i proceed for exparte decree.if yes how, kindly provide relevant details
Your lawyer must en light the court for non filing of counter / written statement. Kindly ask the court to list the matter soon and take the evidence. The case disposed on merit is the best option. Exparty decree is not good always.
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Adv. Ajay NS
Ernakulam | 200+ Answers
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Yes, you can. However, have you or your lawyer brought the matters to the notice of the court! And if so, what has been the stand of their advocate. Generally, written statement is expected to be filed expeditiously and you should have already moved the court. Anyhow, you may instruct your lawyer to move the court to declare her ex-parte, without any further dealy.
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Adv. P Venu
Vaikom | 500+ Answers
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Yes... Definitely you can. You should present the matter before the judge and it has to be taken for evidence. So that you will get the exparte order. It is understood that she has not filed the counter so far.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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