Strict applicability of Court procedure needs to be avoided in matrimonial disputes: Punjab and Haryana High Court
A woman failed to file her written statement to the divorce petition filed by her husband and sought more time for the same. However, the Family Court ordered for striking off her defence.
The Punjab and Haryana High Court recently held that 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 matrimonial disputes.
The bench of Justice Harkesh Manuja observed 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", therefore, a hyper-technical approach should not be preferred.
The court was dealing with a revision petition filed by a woman challenging the order of the Family Court in her husband's divorce petition.
The husband of the woman 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 Family Court in March last year.
Upon notice, though the petitioner-wife appeared twice in April and August, she failed to file a written statement to the divorce petition as well as to the application for grant of interim custody of the minor child and sought further time.
Consequently, on the next date on October 10, 2022, the Family Court ordered for striking off her defence in the matter. Against this order of the Family Court, the woman approached the high court.
Counsel for the petitioner-wife argued before the high court that no sufficient opportunity was ever granted to her for the purpose of filing of her written statement.
Court agreed with the same and noted that from the paper book it appeared that the petitioner-wife was never afforded sufficient and adequate opportunity to file her written statement.
"Non-granting of adequate and sufficient opportunity to 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," the court said,
Therefore, court set aside the impugned order of the Family Court and allowed the revision petition by granting one effective opportunity to petitioner-wife to file written statement as well as reply to the application for grant of interim custody of the minor child before the court below.
Case Title: Simrit Gulani vs Anil Gulani