When summons are served upon you as a respondent in any petition, you may yourself appear before the concerned Court. You may also appear by a pleader or Advocate, whom you should properly instruct so that he is able to answer all material questions before the Court. Any other person who is able to answer all material questions may also appear before the Court on your behalf, accompanied by a pleader. However, go through the summons carefully. If the summons requires that you are to personally appear, then you have to appear before the Court on the given date. (Order V, CPC).

Generally, Court gives date taking into consideration that you get sufficient time to appear and answer the claim of the petitioner.

Filing of Written Statement

Immediately after service of summons is affected on you, you are required to file your reply, which is called written statement, within 30 days from the date of service. (Order VIII, rule 1). On account of sufficient cause, if you fail to file it within the stipulated period, Court may allow you to file it some other day. This period shall not exceed 90 days from the date of your service. However, in exceptional circumstances, Court may allow you to file Written statement even beyond period of 90 days.

Where you do not file written statement)». Court may pronounce judgment against you on the basis of facts contained in the petition. It is a different matter that Court may require the petitioner to prove any such fact, even when you have not filed any written statement.

All the rules of pleadings as applicable to plaint do apply to written statement as well. Written statement is required to be signed by the party and pleader, if any. Therefore, ensure signing of the written statement before submission in Court. Where a party is unable to sign the pleading, for one reason or the other, it may be signed by any person duly authorized by you to sign the same or to sue or defend on your behalf. (Order VI, rule 14).

Every pleading is required to be verified at the foot by the party or by a person acquainted with the facts of the case, as per satisfaction of the

Court. An affidavit in support of the pleadings is also to be furnished. In the verification clause, it is to be specifically verified by the party as to which fact is being verified on the basis of his own knowledge, and which fact is being verified on the basis of information received or believed to be true. (Order VI, rule 15).

Ensure that there is no unnecessary, scandalous, frivolous orvexatious plea in the written statement. Also see that your pleading is not such which may tend to prejudice, embarass or delay fair trial of the petition or same may amount to abuse of process of the Court. In such a situation, Court may at any stage of proceedings order that such plea be struck out or amended. (Order VI, rule 16).

New Facts to be Specifically Pleaded

Respondent is required to raise by his pleadings all matters which show non-maintainability of the petition. All grounds of defence are to be put forth in the written statement, so that, later on the other party may not raise objection that you have taken him by surprise. Such grounds of defence may be of fraud, limitation, payment, release, or that marriage is illegal, void or voidable. (Order VIII, rule 2).

Whenever you are to deny any allegation leveled by the petitioner in the petition, you, as a respondent, have to specifically deal with such allegation of fact. Your reply or denial should not be evasive. (Order VIII, rule 4).

If you fail to deny specifically or by necessary implication such allegation shall be taken. to be admitted by you. (Order VH1, rule 5).

No pleading subsequent to the written statement of a respondent (other than by way of defence to set off or counter-claim) can be filed except with the permission of the Court. However, Court may at any time require a written statement or additional written statement from any of the parties. (Order VIII, rule 9).

Amendment of Written Statement

Once you have put forth one pleading, subsequently you cannot raise any new ground of claim or any allegation of fact which is inconsistent with that pleading. (Order VI, rule 7). However, by way of amendment of pleadings you can do so. Amendment may be allowed by the Court as it deems just. Amendment prayed for must be necessary for the purpose of determining real questions in controversy in the petition. No amendment is going to be allowed after the trial has commenced. However, even after the trial has commenced, amendment can be allowed when Court finds that you were diligent but even then you could not earlier raise the matter before commencement of trial.

Trial commences on the date issues are settled. Issues are points in dispute which need decision by the Court so as to arrive at final disposal of the petition.

Once you are permitted to amend pleading, you are required to file amended pleading within the time limited by the Order, and when no time has been specified, within 14 days from the date of order. Otherwise, Court would not permit you to file the amended pleading. However in case of good cause, Court may extend the period to file amended pleading. (Order VI, rule 18).

As to when Petitioner is Entitled to Judgment on Admission of case by Respondent?

It is possible that a respondent may admit the claim of the petitioner as set out in the petition. Where a respondent admits, by way of pleadings- written statement or otherwise, the fact given in the petition, Court may at any stage of the petition, either on the application of any party or of its own motion, make such order or pass judgment having regard to such admissions. In such a situation, Court need not wait for adjudication of any other question between the parties. (Order XH, rule 6).

As to when Even Respondent can get a Decree in the Petition Filed by the Opposite Side:

In any petition for divorce or judicial separation or restitution of conjugal rights, if you are the respondent, you may not only contest the petition filed against you on the ground of petitioner's adultery, cruelty or desertion, you may claim by way of counterclaim any relief under this Act on that ground. If petitioner's cruelty, adultery or desertion is proved, Court may give to you any relief under the Act to which you are entitled as if you had presented a petition seeking said relief.

Duty of Respondent to Produce Documents before Court

When you file written statement, in case your case is based on certain documents, you are required to enter such document in a list and produce the document with a copy thereof in Court at the time written statement is presented. (Order VIH, rule 1A). In case you fail to so produce the document, same shall not be received in evidence later on. However, if Court permits you to do so, you can produce the document even at later stage. Such a document can be produced later on at the time and for purposes of cross-examination of the witnesses of the petitioner. Even to refresh memory, such a document can be handed over to a witness. However, to avoid all kind of legal objections, ensure production of such documents at the time you file written statement.

In case the document is not in your possession or power, then you are to state in the written statement as to in whose possession or power it is.

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