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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Rohit Marwaha – Appellant
Versus
Sonia Marwaha & Anr. – Respondents
MAT.APP.(F.C.) 113 of 2023
Decided On : 10-05-2023
Written Statement - Family Court - The court permitted the respondent to file the written statement within three days, considering the nature of allegations in the divorce petition and the need for the respondent's defense to be on record.
Fact of the Case:
The appellant challenged the Family Court's order permitting the respondent to file the written statement within three days, citing the respondent's failure to file the statement despite previous opportunities and being proceeded ex-parte.
Finding of the Court:
The court found no ground to interfere with the impugned order, considering the nature of allegations in the divorce petition and the respondent's claim of having filed the written statement. The court directed the respondent to supply a copy of the written statement to the appellant and allowed re-filing if the original statement was not traceable.
Issues: Impugning the order permitting the respondent to file the written statement, non-receipt of the written statement by the appellant, and the traceability of the original written statement.
Ratio Decidendi: The nature of allegations in the divorce petition and the need for the respondent's defense to be on record influenced the court's decision to permit the filing of the written statement and to direct the respondent to supply a copy to the appellant.
Final Decision: The appeal was disposed of with a direction to the respondent to supply a copy of the written statement to the appellant and to re-file if the original statement was not traceable. The delay in filing the appeal was also condoned.
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 without the defence on the part of the respondent No. 1 coming on record especially when respondent No. 1 is already stated to have filed the written statement.
6. Learned counsel for appellant submits that copy of the written statement has not been received.
7. In view of the above, we dispose of the appeal with a direction to respondent to supply a copy of the written statement to the appellant through counsel within one week from today. Replication to the written statement, if any, be filed on the record of the Family Court within six weeks.
8. In view of the stand that the Ahlmad of the Court has not placed the written statement on record, on the grounds that the same is not traceable as submitted by the learned counsel for respondent. In case, the written statement is not traceable, the respondent is permitted to re-file a copy of the written statement along with a fresh attested duly signed affidavit within one week from today.
9. The appeal is disposed of in the above terms.
CM APPL. 21340/2023 (condonation of delay in filing)
10. In view of the appeal having been disposed of on merits, the delay in filing the appeal is condoned.
11. The present application stands disposed of.
The court considered the nature of allegations in the divorce petition and the importance of the respondent's defense being on record in permitting the filing of the written statement.
The main legal point established is that the appellant's conduct was not negligent, and she was diligent in defending the proceedings, influenced by the conduct of her counsel.
In family disputes, courts should prioritize justice and fairness over rigid procedural enforcement, ensuring parties can adequately defend themselves.
The court emphasized the need for a liberal approach in family disputes and considered the personal consequences involved, setting aside the Impugned Order with a condition for timely filing of the W....
The Family Court has the discretion to extend the time period for filing a written statement in exceptional circumstances to ensure proper adjudication of disputes.
The admissibility of documents filed through online mode and the timeline within which they are filed can be considered by the court, and the court may exercise discretion in taking such documents on....
The court emphasized the directory nature of procedural laws and the need for exceptional circumstances to depart from the time schedule for filing written statements, considering the expeditious tri....
Trial Courts should consider a lenient view for completion of pleadings, especially regarding the filing of written statements beyond the stipulated period, as reiterated by the Supreme Court in prev....
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