Rohit Marwaha vs Sonia Marwaha - 2023 Supreme(Del) 4463

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4463

SANJEEV SACHDEVA, MANOJ JAIN
Rohit Marwaha – Appellant
Versus
Sonia Marwaha – Respondent

Advocates appeared:
Mr. Sumit Goswami, Advoate with appellant in person, for the Appellant.
Ms. Shaju Francis, Advocate, for the Respondent-1.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

MAT.APP.(F.C.) 113/2023

1. Appellant impugns order dated 01.03.2023 whereby, the Family Court has permitted the respondent to file the written statement within three days.

2. Learned counsel for the appellant submits that the respondent has not filed the written statement despite several opportunities and she was also proceeded ex-parte vide order dated 20.12.2021.

3. Learned counsel for the respondent No. 1 submits that the respondent No. 1 was served sometime in August, 2020 when the pandemic was in force and hybrid hearings were being held. He submits that written statement has already been filed on 03.03.2023, however, the Ahlmad of the Court has not tagged the same along with the Court record.

4. To show bonafides, he has produced before us a copy of the written statement which is dated 28.02.2023.

5. In view of the above, we find no ground to interfere with the impugned order dated 01.03.2023 permitting the respondent to file the written statement. In any event, keeping in view the nature of allegations made in the divorce petition, we are of the view this is not the case where the proceedings should be permitted to continue ex-parte wi

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