Shraddha Ashish Deshbhratar vs Ashish Ramchandra Deshbhratar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 2124

VIKRAM NATH, N. V. ANJARIA
Shraddha Ashish Deshbhratar – Appellant
Versus
Ashish Ramchandra Deshbhratar – Respondent

Advocates appeared:
For the Petitioner(s): Ms. Radhika Gautam, AOR (SCLSC)
For the Respondent(s): NONE

Table of Content
1. facts of the case involve a judicial separation decree. (Para 2 , 3)
2. court's emphasis on balancing procedural discipline and fair justice. (Para 4 , 5 , 7)
3. appellant's delay in filing written statement due to personal hardships. (Para 6 , 8)
4. condonation of delay to ensure justice. (Para 9)
5. orders passed in favor of the appellant and further proceedings allowed. (Para 10 , 11 , 12 , 13)

ORDER

1. Leave granted.

2. The appellant is aggrieved by the final judgment and order dated 28.08.2024 passed by the High Court of Judicature of Bombay, Nagpur Bench in W.P. No. 6247 of 2023 whereby the writ petition filed by the appellant was dismissed and the order dated 25.06.2022 passed by the Civil Judge (Senior Division), Nagpur in H.M.P. No. 386 of 2021, rejecting the appellant’s application for permission to file her written statement, was affirmed. The appellant is the wife and defendant before the Trial Court and respondent is the husband and plaintiff. For the sake of convenience, the parties shall be referred to in terms of their status before this Court.

3. The facts giving rise to the present appeal are as follows:

3.1. The respondent instituted H.M.P. No. 386 of 2

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