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2009 Supreme(SC) 1263

B.N.AGARWAL, G.S.SINGHVI
B. V. Smitha Rani – Appellant
Versus
M. K. Girish – Respondent


Judgment :-

Leave granted.


Heard learned counsel for the appellant.


In spite of service of notice, nobody has entered appearance on behalf of the respondent to contest the prayer made in this appeal.


The parties were married on 28.5.2003. After sometime, the appellant- wife filed Matrimonial Case No.82/2005 for grant of divorce on the ground of cruelty. In support of her case, the appellant examined herself as PW-1 on 7.9.2006. On that day, the respondent-husband remained absent and his lawyer did not cross- examine the appellant. Thereafter, the case was posted for evidence of the respondent on 28.9.2006. At that stage, the respondent applied for recording hisevidence by video conferencing. The Family Court rejected his prayer and thespecial leave petition filed by him was dismissed by this Court. On 28.9.2006, the respondents counsel filed vakalatnama and written statement. The Family Courtrejected the written statement on the ground of undue delay. Thereupon, the respondent filed writ petition no.1031 of 2006, which was allowed by the High Court and a direction was issued to the Family Court to allow the respondent to contest the case on merits.


In furtherance of the High Courts






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