Nidhi Sawnani vs Harsh Sawnani - 2023 Supreme(Del) 5919

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5919

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Nidhi Sawnani – Appellant
Versus
Harsh Sawnani – Respondent

Advocates appeared:
Mr.S.S. Hora, Advocate, for the Appellant.
Mr.Arvind Kumar Gupta and Mr.Shivank S. Singh, Advocates, for the Respondent.

JUDGMENT

Anoop Kumar Mendiratta, J.

1. An appeal has been preferred under Section 19(1) of Family Courts Act, 1984 read with Section 151 CPC by the appellant-wife for setting aside order dated January 11, 2023 passed by learned Judge, Family Court whereby the Review Application preferred by the appellant for taking the written statement on record was dismissed.

2. In brief, the marriage between the appellant and respondent was solemnized according to Hindu rites and ceremonies on November 17, 2005. Two children were born out of the wedlock on January 20, 2008 and March 07, 2013. Respondent preferred a divorce petition under Section 13(1)(ia) and 13(1)(iii) of Hindu Marriage Act, 1955 on June 08, 2016 in which the appellant filed appearance through counsel on January 03, 2017 after receipt of notice and was directed to file her response to the petition. However, the appellant failed to file the written statement despite directions and sufficient opportunities being granted to her. Consequently, on the failure to file written statement, defence of the respondent was directed to be struck off vide order dated December 04, 2017 by the learned Family Court. On an application preferred on

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