Written Statement in Partition Suit
Quick Answer
A Written Statement in a matrimonial case is the formal reply filed by the defendant (usually the spouse) in response to a petition for divorce, maintenance, or other matrimonial relief. When property disputes are involved, this document becomes critical to assert rights over matrimonial assets.
Written Statement in Partition Suit — detailed explanation below
Governing Act — Written Statement Matrimonial Case
The filing of a Written Statement in a matrimonial case is governed by the Code of Civil Procedure, 1908, specifically Order VIII which deals with written statements, set-off, and counterclaims. In matrimonial proceedings under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, the procedural rules of the respective High Court or Family Court apply. A property dispute lawyer will ensure compliance with these provisions.
Government Department & Website for Written Statement Matrimonial Case
The Written Statement is filed in the Family Court or District Court having jurisdiction over the matrimonial case. For online filing, the e-Courts portal (https://ecourts.gov.in) provides case status and filing facilities. The National Legal Services Authority (NALSA) also offers legal aid for eligible parties. A property dispute lawyer can assist in identifying the correct court and filing procedure.
Written Statement Matrimonial Case Application Process
The process for filing a Written Statement in a matrimonial case involves the following steps:
- Receipt of Summons: The defendant receives a copy of the petition and summons from the court.
- Drafting the Written Statement: The defendant, with the help of a property dispute lawyer, drafts a reply denying or admitting each allegation, and raising any counterclaims or set-offs.
- Filing: The Written Statement is filed in the court within 30 days from the date of service of summons, extendable up to 90 days with court permission.
- Service on Plaintiff: A copy is served on the plaintiff or their advocate.
- Case Proceeds: After filing, the court proceeds with framing of issues, evidence, and trial.
Key Forms Required for Written Statement Matrimonial Case
The Written Statement is typically filed in the form of a pleading as per the Civil Procedure Code. There is no prescribed statutory form, but it must contain:
- Case title (court name, case number, parties)
- Paragraph-wise reply to each allegation in the petition
- Counterclaim (if any) with separate prayer
- Verification and affidavit in support
- List of documents relied upon A property dispute lawyer will ensure the format complies with local rules.
Eligibility Criteria for Written Statement Matrimonial Case
Any person who is a defendant in a matrimonial case (e.g., spouse, in-laws) is eligible to file a Written Statement. There is no specific eligibility bar, but the defendant must have been served with summons. In property disputes, the defendant must have a legal interest in the property to raise claims. A property dispute lawyer can advise on the merits of filing a counterclaim.
Timeline for Written Statement Matrimonial Case
The timeline for filing a Written Statement is governed by Order VIII Rule 1 of the CPC, which allows 30 days from service of summons, extendable up to 90 days by the court. No further extension is permitted. The court may proceed ex parte if the Written Statement is not filed within the prescribed period. A property dispute lawyer will ensure timely filing to avoid adverse orders.
Fees for Written Statement Matrimonial Case
The court fee for filing a Written Statement is nominal and varies by state. Below is an indicative table of court fees (subject to change):
| Court Fee Type | Amount (INR) |
|---|---|
| Written Statement (no counterclaim) | ₹10 – ₹50 |
| Counterclaim (ad valorem) | As per suit value |
| Affidavit | ₹5 – ₹10 |
A property dispute lawyer can provide exact fee details for your jurisdiction.
Governing Law
Frequently Asked Questions
What is a Written Statement in a matrimonial case?
A Written Statement is the formal reply filed by the defendant in a matrimonial case, responding to the allegations in the petition. It is governed by Order VIII of the CPC and must be filed within 30 days of service of summons.
Can a property dispute be raised in a Written Statement in a matrimonial case?
Yes, a defendant can raise property disputes by way of a counterclaim in the Written Statement. A property dispute lawyer can help draft the counterclaim to assert rights over matrimonial assets.
What happens if I do not file a Written Statement in a matrimonial case?
If the Written Statement is not filed within the prescribed time (30 days extendable to 90 days), the court may proceed ex parte and decide the case based on the plaintiff's evidence alone.
Do I need a property dispute lawyer to file a Written Statement in a matrimonial case?
While not mandatory, it is advisable to engage a property dispute lawyer to ensure the Written Statement is properly drafted, especially if property claims are involved, to protect your legal rights.
What is the court fee for filing a Written Statement in a matrimonial case?
The court fee is nominal, typically between ₹10 to ₹50 for a Written Statement without a counterclaim. If a counterclaim is filed, ad valorem court fees apply based on the property value.
Can I amend my Written Statement in a matrimonial case?
Yes, the court may allow amendment of the Written Statement at any stage of the proceedings, provided it does not cause prejudice to the other party. A property dispute lawyer can file an application for amendment.
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