123 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CM-17760-CII-2025 in CM-10230-CII-2023 in/and FAO-2853-2023 Date of Decision: 16.09.2025 ANSUIYA ...APPELLANT Vs PADAM SINGH ...RESPONDENT CORAM:- HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE ROHIT KAPOOR Present:- Mr. Deepak Balyan, Advocate for the appellant.

Ms. Mehak Sawhney, Advocate for the respondent.

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ASHWANI KUMAR MISHRA, J. (ORAL)

1. With the consent of both the parties, the application for preponement of the case i.e. CM-17760-CII-2025 is allowed and the main appeal is taken on Board today itself for hearing.

2. This appeal arises out of an order dated 10.05.2023 passed by the learned Additional Principal Judge, Family Camp Court, Pataudi, District Gurugram (for short, ‘Family Court’) whereby the right of the appellant-wife to file written statement, despite last opportunity, was forfeited and her defence was struck off. By an interim order, the written statement was allowed to be filed. After the written statement of the appellant-wife was taken on record, issues were also framed before the Family Court. The Family Court, however, has proceeded to pass yet another order on 16.07.2025 which virtually reiterates the order impugned in the appeal as per which the defence of the wife has been struck off.

3. Learned counsel for the appellant submits that once the written statement has been filed, the Family Court is not justified in continuing with the previous order whereby the defence of the appellant was struck off.

4. Learned counsel for the respondent-husband contends that the wife is indulging in delaying tactics and that is why the order has been passed by the Family Court which is under challenge. She further states that if the wife undertakes to cooperate in the proceedings, the husband has no objection to her defence being restored.

5. In view of the submissions noticed above, we are of the view that an opportunity ought to be given to the wife to participate in the proceedings so that a decision on merits could be arrived at. In order to facilitate such contest on merits, we set aside the order impugned in the present appeal dated 10.05.2023. The defence of the appellant stands restored. We record the statement of the appellant-wife that she shall not seek any adjournment in the proceedings fixed before the Family Court and shall produce her evidence etc.

6. In view of the above, the instant appeal is disposed of.

7. Pending application(s), if any, also stand(s) disposed of.

8. It is made clear that no unnecessary adjournment would be granted to either of the parties and the proceedings would be concluded at the earliest.

[ASHWANI KUMAR MISHRA]

JUDGE [ROHIT KAPOOR]

JUDGE SEPTEMBER 16^th, 2025

Rahul Joshi

1. Whether Speaking/reasoned Yes/No

2. Whether Reportable Yes/No