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2021 Supreme(Del) 1591

YASHWANT VARMA
Esha Dhir – Appellant
Versus
Sparsh Dhir – Respondent


Advocates appeared:
Yakesh Anand, Advocate, Sonam Anand, Advocate, Deepshikha Sansanswal, Advocate, Akshay Thakur, Advocate, Pratap Singh Parmar, Advocate

JUDGMENT

Yashwant Varma, J. - This petition has been preferred challenging the orders of 17th January 2020 and 04th September 2020 passed by the Principal Judge Family Court. By the order of 17th January 2020, the Court noticing that the petitioner here had not filed a written statement, granted four weeks" time and called upon the respondent to file his replication, if any. The Principal Judge also took note of an application under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act") which had remained pending before its Court. It, accordingly, called upon the party-respondent to file a reply to the said application. By the second order of 04th September, 2021, the Court took note of the contention of the respondent that since the petitioner here had failed to file a written statement, the provisions of Order VIII Rule 1 of the Civil Procedure Code would apply and consequently consideration of the application for interim maintenance be deferred till such time as the written statement is tendered.

2. The Family Judge after noticing the rival contentions proceeded to hold and record as follows:

    "..However, after hearing learned counsel for the respondent an

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