NAVIN CHAWLA
Babita – Appellant
Versus
Manish Shokeen – Respondent
JUDGMENT
Navin Chawla, J. (Oral)--The present petition has been filed challenging the orders dated 21.12.2022 and 21.03.2023 (hereinafter referred to as the `Impugned orders') passed by the learned Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi (hereinafter referred to as the `Family Court') in HMA No.1027/2019, titled Babita v. Manish Shokeen (hereinafter referred to as the `Divorce Petition').
2. By the Impugned order dated 21.12.2022, the learned Family Court was pleased to close the right of the petitioner herein to file her written statement and also struck off the defence of the petitioner. By the Impugned order dated 21.03.2023, the learned Family Court dismissed the application of the petitioner seeking recall of the order dated 21.12.2022.
3. It is the case of the petitioner that she is a resident of a village in Jhajjar District, Haryana. She had earlier filed proceedings against the respondent herein in the Courts at Jhajjar. She was served with the summons in the Divorce Petition filed by the respondent and had appeared before the Court on 30.05.2022. She engaged a counsel practicing at the Tis Hazari Courts, Delhi to defend her in the Divorc
In non-commercial cases involving family rights, courts may show leniency and grant indulgence to parties facing difficulties, considering the importance of the matter.
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....
In family disputes, courts should prioritize justice and fairness over rigid procedural enforcement, ensuring parties can adequately defend themselves.
The court established that the convenience of the parties, especially in family law matters involving children, is a significant factor in determining the venue for legal proceedings.
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