JUDGMENT :

1. Heard Sri Syed Irfan Ali, learned counsel for appellant.

2. The appeal has been filed against order dated 08.5.2019 passed by Sri Rajesh Narain Mani Tripathi, Additional Principal Judge, Family Court No.04, Aligarh admitting written statement of defendant and rejecting objection of appellant filed under Order VIII Rule 10 of Code of Civil Procedure, 1908 (hereinafter referred to as “C.P.C.”).

3. Appellant Prateek Agarwal filed Divorce Petition No.1243 of 2017 in the Court of Principal Judge/Family Court vide petition/complaint on 16.11.2017. Divorce Petition founded on Section 13(ia) of Hindu Marriage Act, 1955 (hereinafter referred to as “Act, 1955”) i.e. 'cruelty'. Summons were issued to respondent Smt. Richa Garg for filing written statement and 12.02.2018 was fixed for the said purpose.

4. Written statement was not filed and further dates fixed are 16.03.2018, 04.05.2018 and 12.07.2018. Appellant thereafter filed an application No.12A/1 dated 10.07.2018 under Order VIII, Rule 10 C.P.C. requesting Family Court to decree suit in favour of appellant under Order VIII, Rule 10 C.P.C. Family Court fixed 24.10.2018 for disposal of aforesaid application. On 24.10.2018 Presidi