JUDGMENT

Aruna Suresh, J. (Oral)

1. Respondent Pawandeep Singh has filed a petition for divorce under Section 13 (1) (i-a) of the Hindu Marriage Act (hereinafter referred to as 'Act'). In pursuance of the summons received by the Petitioner Manmeet Kaur, appearance was put by her in the court on 11.12.2008 through her attorney Anil Kansal. However, petitioner failed to file her written statement on 29.01.2009 and thereafter. The trial court vide its impugned order dated 18.03.2009 struck off the defence of the petitioner for non filing of the written statement within the period of limitation. Aggrieved by the said order of the trial court, this petition has been filed.

2. Mr. Ketan Malhotra, learned counsel for the Petitioner has submitted that Petitioner could not file her written statement within the period of limitation and also within the extended time granted by the court because, her passport was kept in the High Court of Justice, Family Division London, UK in pursuance of the location order passed by the said Court in the petition filed by the respondent seeking return of the minor children to the jurisdiction of India. For want of passport, Notary Public was not author