FAMILY COURTS ACT (XXXV OF 1964)
— Failure to file written statement — Scope — Every summons, issued under section 8, shall be accompanied by a copy of the plaint, a copy of list of witnesses and copies of the documents and list of documents — Under S. 9(1), the defendant shall appear before the Family Court and file the written statement, a list of witnesses and gist of evidence — In case the written statement is not filed on that date, the Family Court may, for any sufficient reason, allow the defendant to file written statement on the next date which shall not exceed 15 days — No doubt, there is no specific provision under the Family Courts Act, 1964 to strike off the right of defence of defendant for failure to file written statement — However, for the orderly dispensation of justice under the Family Courts Act, 1964, in the case of a contumacious default of a defendant to file written statement, the Family Court will be well within its authority to make an order in the nature of Order VIII Rule 10 of the Code of Civil Procedure, 1908. [2024 CLS 23 = 2024 CLC 187 = 2022 LHC 7759]
— Failure to file written statement — Scope — Every summons, issued under section 8, shall be accompanied by a copy of the plaint, a copy of list of witnesses and copies of the documents and list of documents — Under S. 9(1), the defendant shall appear before the Family Court and file the written statement, a list of witnesses and gist of evidence — In case the written statement is not filed on that date, the Family Court may, for any sufficient reason, allow the defendant to file written statement on the next date which shall not exceed 15 days — No doubt, there is no specific provision under the Family Courts Act, 1964 to strike off the right of defence of defendant for failure to file written statement — However, for the orderly dispensation of justice under the Family Courts Act, 1964, in the case of a contumacious default of a defendant to file written statement, the Family Court will be well within its authority to make an order in the nature of Order VIII Rule 10 of the Code of Civil Procedure, 1908. [2024 CLS 23 = 2024 CLC 187 = 2022 LHC 7759]
— Failure to file written statement — Scope — Every summons, issued under section 8, shall be accompanied by a copy of the plaint, a copy of list of witnesses and copies of the documents and list of documents — Under S. 9(1), the defendant shall appear before the Family Court and file the written statement, a list of witnesses and gist of evidence — In case the written statement is not filed on that date, the Family Court may, for any sufficient reason, allow the defendant to file written statement on the next date which shall not exceed 15 days — No doubt, there is no specific provision under the Family Courts Act, 1964 to strike off the right of defence of defendant for failure to file written statement — However, for the orderly dispensation of justice under the Family Courts Act, 1964, in the case of a contumacious default of a defendant to file written statement, the Family Court will be well within its authority to make an order in the nature of Order VIII Rule 10 of the Code of Civil Procedure, 1908. [2024 CLS 23 = 2024 CLC 187 = 2022 LHC 7759]