SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Cal) 538

HARISH TANDON
Sunil Bansal – Appellant
Versus
Meeta Bansal – Respondent


Advocates Appeared:
For the Appellant : S. Nigam
For the Respondent: Raja Basu Chowdhury and Asif Hussain

JUDGMENT :

Harish Tandon, J.

1. Two points fell for consideration before this Court; firstly, whether the court can extend the time to file written statement beyond the period provided under Order VIII Rule 1 of the Code of Civil Procedure and secondly, whether the matrimonial Suit should remain stayed until disposal of an application for alimony pendente lite. Shorn of unnecessary details the husband/petitioner filed a suit for dissolution of marriage by decree of divorce under section 13(1)(i), (ia) and (iii) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'said Act) against the wife/opposite party. Admittedly, the summons of the suit was served upon the wife, who could not file the written statement within the time stipulated under Order VIII Rule 1 of the Code. The summons appeared to have been served upon the wife/opposite party on 22nd May 2016 and she entered appearance on 6th August 2016 and filed an application under section 24 of the said Act for alimony pendente lite. An objection to the said application was filed by the husband/petitioner and thereafter an application was taken out seeking amendment of the application under section 24 of the said Act filed by










































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top