The interpretation of Order 8 Rule 1 of the Civil Procedure Code, which allows the court to grant an opportunity for filing the written statement beyond the period of 90 days in appropriate cases, influenced the court's decision.

Deepa Sharma, J.

1. The appellant has impugned the order dated 02.03.2016 and 01.05.2017 passed by the Family Court.

2. The contention of the appellant is that while passing the order dated 01.05.2017, the learned Family Court has failed to appreciate the fact that the application for setting aside the order dated 02.03.2016 was moved immediately after receiving the entire set of petition by the learned counsel for the appellant and hence there was no delay in filing the application for setting aside the said order, also that the appellant, the wife, does not have means to pay the cost of Rs. 3000/- imposed upon her for filing the written statement as she has all along been dependent upon the respondent. Due to her inability to engage a counsel, she had been appearing in person in the Court. She could get a lawyer through Delhi Legal Services Aid only in November 2016. It is further argued that the impugned order is based on the premise that the appellant had been taking adjournments while it was the respondent who had been seeking multiple adjournments. It is argued that impugned orders are against interest of justice and are harsh.

3. The brief mention of the proceedings before this Court would be relevant for disposal of the appeal. This Court vide order dated 25.07.2017, had directed the appellant to send a written intimation to the respondent through his counsel appearing before the learned Family Court and consequent to that, the counsel for the respondent had also attended this Court. This Court also made an attempt for amicable settlement between the parties and send the matter to the Mediation Centre on the request of the parties. However, the parties failed to settle the matter and thereafter the arguments have been heard of learned counsels appearing for the parties in the matter.

4. The facts show that the respondent (husband) filed a divorce petition on the ground of cruelty and adultery which came up for hearing before the learned Family Court on 20.05.2015 on which date the notice was issued to the appellant, returnable on 05.08.2015. On that date i.e. 05.08.2015, the appellant appeared in person and she was given two weeks’ time to file the written statement and the matter was listed for hearing on 15.09.2015. The written statement, however, was not filed by the appellant and the Court granted further opportunity to her to file the written statement within two weeks and the matter was adjourned to 06.11.2015. On that date, Sh. Sanjay Yadav, Advocate appeared on behalf of the appellant and other respondent nos. 2 and 4 as a proxy counsel. He requested for the copy of CD's which were ordered to be supplied by the Court to appellant herein and the other respondents within three days and appellant along with other respondents 2 and 4 was given time to file their written statement within four weeks. The next date fixed in the case for framing of the issue was 23.12.2015. The written statement, however, was not filed by the appellant and the Court gave further opportunity of one week subject to cost of Rs. 2000/- and the matter was listed on 12.02.2016. However, no written statement was filed by the appellant till that date and on her request she was given one more opportunity for filing the written statement within one week and further cost of Rs. 3000/- was imposed upon her. She on that date paid the previous cost of Rs. 2000/-. The appellant still did not file the written statement and finally on 02.03.2016 vide the impugned order, the learned Family Court closed the appellant’s right to file the written statement and listed the matter for 01.04.2016 for petitioner's evidence. It was subsequently adjourned to other dates for recording of the evidences of petitioner/respondent No. 1 herein.

5. Subsequently, an application dated 25.01.2017 under Section 151 CPC for setting aside the order dated 02.03.2016 was filed by the appellant through her counsel. This application was finally dismissed vide impugned order