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HIRDESH
Jaya Rathore (Smt. ) – Appellant
Versus
Mangal Rathore – Respondent
ORDER
1. This miscellaneous petition has been preferred by the petitioner under Article 227 of the Constitution of India being aggrieved by the order dated 22.7.2024 passed by learned Principal Judge, Family Court, Ratlam (MP) in HMA Case No.25 of 2022 (Mangal v. Jaya ), whereby the Family Court has dismissed the interim application to grant an opportunity to submit the reply/written statement to the petitioner.
2. In brief, the marriage between the petitioner and respondent was solemnized according to Hindu rites and rituals on 24 th May, 2015. Thereafter they both were blessed with a daughter. Respondent/husband has filed an application under section 13(A) of Hindu Marriage Act, 1955, before the Principal Judge, Family Court, Ratlam (MP) which was registered as HMA Case No.25 of 2022 seeking divorce from the petitioner/wife.
3. Thereafter due to failure of appearance even after service of notices to the petitioner, the learned family Court has declared her ex-parte and proceeded further on date 25.4.2022. Thereafter, on date 25.8.2022, the petitioner through her counsel appeared before the family Court and has participated in the Court proceedings. However, due to lack of knowledge
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 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....
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.
In family disputes, courts should prioritize justice and fairness over rigid procedural enforcement, ensuring parties can adequately defend themselves.
The acceptance of a delayed written statement is justified to prevent a failure of justice, emphasizing the discretionary nature of the High Court's supervisory powers under Article 227.
In non-commercial cases involving family rights, courts may show leniency and grant indulgence to parties facing difficulties, considering the importance of the matter.
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