CHANDIGARH: The Punjab and Haryana high court has made it clear that in the matrimonial litigation, the dispute is primarily relating to the human relationship, which ultimately not only affects the two families, but the society at large as well.
The HC also directed in such matters, the standard of strict applicability of the procedure needs to be avoided and instead of adopting a hyper-technical approach, the courts are required to be more practical while dealing with such kind of litigation.
Justice Harkesh Manuja of the HC has passed these orders while allowing the plea filed by a woman litigant from Gurugram challenging the order dated January 1, 2022 passed by family court, Gurugram, whereby her defence in a matrimonial dispute with her husband was ordered to be struck off.
In this case, the petitioner's husband had filed a petition under Section 13(1) (ia) of the Hindu Marriage Act, 1955, seeking decree of divorce against the petitioner-wife on the ground of cruelty before the trial court on March 5, 2021.
Upon notice, the petitioner-wife appeared before the family court on April 26, 2022 and sought time for filing of written statement to the divorce petition as well as to file a reply to the application for grant of interim custody of the minor child.
On the next date i.e. August 5, 2022, petitioner-wife sought further time for the purpose of filing a written statement as well as reply to application, but the same could not be done and on the next the family court ordered for striking off her defence.
In her plea before the HC, she had submitted that no sufficient opportunity was ever granted to the petitioner-wife for the purpose of filing her written statement. He also submits that in the absence of sufficient opportunity having been granted to petitioner-wife, she would not be able to contest her substantial rights involved in the divorce petition including those pertaining to the custody of minor child.
"From a perusal of zimni orders attached along with the present revision petition, one can see that petitioner-wife was never afforded sufficient and adequate opportunity to file her written statement. Non-granting of adequate and sufficient opportunity to the petitioner-wife for the purpose of filing of her written statement would cause substantial prejudice to her rights, involving her matrimonial dispute, including the custody of the minor child," observed the HC in its detailed order passed on December 5.
The HC has now directed the family court to grant one effective opportunity to the petitioner-wife to file a written statement as well as reply to the application for grant of interim custody of the minor child.
