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IN THE HIGH COURT OF DELHI AT NEW DELHI
MEENU AGRAWAL – Appellant
Versus
BHARAT GOEL – Respondent
| Table of Content |
|---|
| 1. petitioner's procedural background in the divorce case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the justification for delay in filing. (Para 7 , 8 , 9 , 10) |
| 3. court's stance on family disputes and procedural considerations. (Para 11 , 12 , 13 , 14) |
| 4. court's order reversing previous decisions based on justice. (Para 15) |
| 5. final disposition of the petition. (Para 16) |
JUDGMENT :
RAVINDER DUDEJA, J.
CM APPL. 10800/2025 (exemption)
Allowed, subject to all just exceptions.
The application stands disposed of.
CM(M) 369/2025 & CM APPL. 10799/2025 [STAY]
1. Petitioner has approached this Court in the exercise of its extra-ordinary and supervisory jurisdiction under Article 227 of the Constitution of India to assail the order dated 29.10.2024 and 15.01.2025, passed by the learned Principal Judge, Family Court in HMA No. 1552/2023, titled Bharat Goel Vs. Meenu Agrawal , whereby, the petitioner’s right to file reply/written statement was closed and a subsequent application for the recall of the said order was also dismissed.
2. Respondent filed a Divorce Petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 against the petitioner herein before the Family Cou
In family disputes, courts should prioritize justice and fairness over rigid procedural enforcement, ensuring parties can adequately defend themselves.
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....
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 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 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.
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 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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