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NAVIN CHAWLA
Vikrant Vashisht – Appellant
Versus
Shweta – Respondent
JUDGMENT
Navin Chawla, J. (Oral) - This petition has been filed challenging the Order dated 31.08.2022 (hereinafter referred to as 'Impugned Order') passed by the learned Principal Judge, Family Court, Patiala House Courts, New Delhi (hereinafter referred to as 'Family Court') in HMA No. 919/2019, titled Shweta v. Vikrant Vashisht, whereby the learned Family Court dismissed the application filed by the petitioner herein seeking recall of the orders dated 01.04.2021 and 07.03.2022 passed by the learned Family Court, whereby the right of the petitioner to file the written statement and the right of the petitioner to cross-examine the respondent herein had been closed, respectively.
Petitioner's Submissions
2. The learned counsel for the petitioner urges that the above petition seeking divorce, being HMA No. 919/2019, has been filed by the respondent on 26.09.2019. It was taken up for the first time for hearing by the learned Family Court on 21.01.2020, and the parties were referred to the Court Counsellor where they were directed to appear on 22.01.2020. While the petitioner appeared before the Court Counsellor, the respondent did not appear on the said date and the matter was fixed fo
The impact of the COVID-19 pandemic on court proceedings, the extension of limitation period, and the importance of ensuring sufficient notice and not acting in haste in closing the right of a party ....
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 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.
In non-commercial cases involving family rights, courts may show leniency and grant indulgence to parties facing difficulties, considering the importance of the matter.
Deliberate delay in adjudication can lead to the closure of the right to file a written statement.
The court affirmed the closure of a petitioner's right to file a written statement due to repeated non-compliance and non-appearance, indicating a lack of seriousness in the proceedings.
The court highlighted the need for a delicate balance between expeditious disposal and fair opportunity in matrimonial disputes, considering the reasons for delay and the impact of external factors.
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.
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