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Divorce matrimonial issue alimony 498a


04-Feb-2024 (In Divorce Law)
I left matrimonial home then after 1 year husband filed divorce case under IPC 13. So I filed 498a , But due to family member health issue I not filed written statement. Now 150 day is completed & court given No W. S. order in divorce case. But I want to harass husband, So how can I cancel this order? Whether because of no W. S. Husband get divorce decree? Is there any way so order get cancel & I get alimony also?
Answers (4)

Answer #1
975 votes
See it’s true that max 90 days are given toh file written statement but that is directory and not mandatory. If you have any genuine and reasonable cause then you may communicate it to the court and it will certainly come to your rescue. It may allow you to file WS after imposing some cost. There’s nothing to worry.
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Advocate Rajnish Kumar Singh

Adv. Rajnish Kumar Singh

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Answer #2
730 votes
there are several cases can be filed against you husband for maintenance, allonemy and other monetory relife and if you are not able to file ws than you need to appeal in High court against the order and request some more time to file ws.
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Advocate Rajesh Kumar

Adv. Rajesh Kumar

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Answer #3
974 votes
We need more information on your case to evaluate things from legal point of view. You need to hire an expert advocate in this case, kindly be in touch to discuss and to understand the legalities in this regard. Thanks.
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Advocate D. Khan

Adv. D. Khan

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Answer #4
967 votes
Addressing each point sequentially: 1. The maximum period for filing a written statement is typically 120 days, even in exceptional circumstances. However, there is an option to appeal before the High Court to condone the delay. It's important to note that such requests are usually rejected, as granting leniency in one case could set a precedent for others. 2. Another avenue is to file an application before the same family court, seeking a review and condonation of the delay. 3. Even if your right to file a written statement has lapsed, the court will still proceed to frame issues, affording you an opportunity to cross-examine your husband. 4. Towards the conclusion of the trial, you can file an application before the family court under Section 25 of the Hindu Marriage Act, outlining your request for permanent alimony. It's essential to clearly state your expectations in this regard. 5. Additionally, if you wish to pursue further legal action against him, you can file a maintenance petition under Section 125 of the Criminal Procedure Code and initiate a Domestic Violence case against him.
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Advocate Arinjay Bisht

Adv. Arinjay Bisht

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