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NAVIN CHAWLA
Komal Gupta – Appellant
Versus
Amrendra Kumar Gupta – Respondent
JUDGMENT
Navin Chawla, J. (Oral) - This petition has been filed challenging the order dated 03.03.2023 passed by the learned Judge, Family Court, Patiala House Courts, New Delhi (hereinafter referred to as the `Impugned Order') in HMA No. 910/2022 titled Amrendra Kumar Gupta vs. Komal Gupta, closing the right of the petitioner herein to file her Written Statement and striking off her defence.
2. The above-mentioned Divorce Petition had been filed by the respondent herein against the petitioner before the learned Family Court at Mathura, Uttar Pradesh. On being served with the notice of the petition, the petitioner filed before the Supreme Court, a petition seeking transfer of the Divorce Petition, being Transfer Petition (Civil) no. 255/2021 titled Komal Gupta v. Amrendra Kumar Gupta. The same was allowed by the Supreme Court vide its order dated 12.08.2022. Pursuant thereto, the record of the Divorce Petition was received by the learned Family Court, Patiala House Courts on 06.09.2022. The Family Court was pleased to issue notice on the same to the parties vide order dated 23.09.2022.
3. Subsequently, on 22.12.2022, the learned Family Court was pleased to record that the respondent h
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 non-commercial cases involving family rights, courts may show leniency and grant indulgence to parties facing difficulties, considering the importance of the matter.
In family disputes, courts should prioritize justice and fairness over rigid procedural enforcement, ensuring parties can adequately defend themselves.
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 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 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.
Unjustified delay in filing written statement can lead to dismissal of the petition.
Procedural rigors should not eclipse the court's duty to render effective justice, especially in matrimonial disputes, allowing for a pragmatic approach in cases of minor delays.
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