Interrogatories are allowed in the DV cases and they are independent of Written Statement/Counter filing. Such Interrogatories have to be disposed off in 7 days from filing.
The observations made by the learned trial Judge appear to be stringent and contrary to the provisions of CPC, as in view of the amendment of CPC w.e.f. July 1, 2002, it is mandatory for a Court to decide an application forleave to deliver interrogatories within a period of seven days from the date of filing of the said application. There is no provision warranting that stay could be granted merely for non-filing of the written statement.
Sewa Singh Vs Surjit Kaur on 14 Feb 2012
After considering the facts and circumstances of the case, it appears that the defendant- petitioner wants to delay the filing of written statement on the pretext that an application for interrogatories under Order 11 Rule 4 CPC has been submitted before the trial Court. I have gone through the interrogatories. The interrogatories only seek to get a reply from the plaintiff- wife pertaining to an earlier application having been filed by her under the Domestic Violence Act, she being owner of properties mentioned in para Nos. 2 to 5 of the interrogatories. There is nothing mentioned in the interrogatories which could create an obstacle in fling of the written statement. Defendant- petitioner can conveniently take up a plea regarding plaintiff- respondent being owner of particular property disentitling her to any relief under Hindu Adoption and Maintenance Act while contesting her claim of permanent injunction. Besides this, obligation to file written statement is not subject to the adjudication of the application for interrogatories. There is an independent obligation on the part of the Court to decide the interrogatories within a period of seven days as per provisions of Order 11 Rule 2 CPC.