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WS can be taken up on record even after 90 days is it legal
24-Nov-2023 (In Divorce Law)
Recent Supreme court judgement dated 4.12.2015 Civil appeal No- 10941-10942 of 2013,New India Assurance Co Ltd Vs Hilli Multipurpose cold storage pvt ltd that Written statement(WS) must be filed within 90 days are mandatory not directory. I filed divorce case on cruelty and adultery on Aug 2014,spent 10 days together. 1.Can I move for contempt of supreme court order if lower court will take on record my wife written statement that she filed after 185 days without seeking any extension from court that too when I moved application under order 8 rule 10 to decree my divorce case .If yes, then which court –high court or supreme court? 2.If I cannt file contempt then what should be other legal remedies? If,I challenge lower court order in high court then what will be the probability that high court decide the case in my favour in viewing of recent supreme court judgment on order 8 rule 1. 3.If above both things are not viable then what should be my next move in terms of legalities.
this is a judicial order and passed in violation or ignorance of a settled law by supreme court which arw binding in nature. in this case, best remedy is to challenge the said order before high court. in most circumstance, high court would look into merita of the case.
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Adv. Chhaya Kirti
Delhi | 25+ Answers
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See there are variations in lower courts due to some reasons and you may proceed to high court for the relief you need. But that is of no much use, because each case has its own facts and circumstances. So, it is suggested that you proceed with your case at lower court.
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Adv. Ganesh Singh
Delhi | 500+ Answers
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Firstly, please understand that despite the mandatory direction of order 8 rule 1, the court is never precluded in its powers under section 151 to grant relief of admitting WS after 90 days, in provided if the defendant is able to prove exceptional difficulties.
Having said that, I do realise that in the present case the defendant has not sought any extension from the court. That is to say that exceptional circumstances have not been proven to the court. I do think this is a serious infirmity and that you have a good case against it.
About the forum, in such cases the plaintiff may file a revision petition in HC or a 226 petition to the HC. Even a ln SLP to SC is not precluded in such a case. But I suggest you prefer the former remedies.
Having said that, I do realise that in the present case the defendant has not sought any extension from the court. That is to say that exceptional circumstances have not been proven to the court. I do think this is a serious infirmity and that you have a good case against it.
About the forum, in such cases the plaintiff may file a revision petition in HC or a 226 petition to the HC. Even a ln SLP to SC is not precluded in such a case. But I suggest you prefer the former remedies.
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Adv. Nikhil Sabharwal
Chandigarh | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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