IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 28.01.2026 RAVI RANGA NATHAN …. Appellant Versus SANJANA CHAUHAN …. Respondent CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MRS. JUSTICE RAMESH KUMARI Present : Ms. Malvika Rajkotia, Advocate and Mr. Akash Jangar, Advocate for the appellant (through video conference).

Mr. Ankur Mahindro, Advocate (through video conference)

and Mr. R.D. Gupta, Advocate for the respondent.

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GURVINDER SINGH GILL, J. (oral)

1. By way of instant appeal, the appellant (husband) assails order dated

07.03.2025 vide which an application filed by him under Order 9 Rule 7 for setting aside ex parte order dated 21.04.2023 has been declined. It is a case where the respondent wife has filed a petition under Section 13 of Hindu Marriage Act seeking divorce wherein the appellant had been proceeded against ex parte.

2. During the pendency of the instant appeal, the parties had been referred to Mediation and Conciliation Centre to explore the possibility of some amicable resolution. Although it appears that some kind of mediation proceedings had taken place through video conference but could not yield any fruitful result. However, today upon being asked again by this Court, learned counsel representing the appellant, submitted that the appellant shall make good the arrears of maintenance which are roughly to the tune of `37 lakh as on date by way of two installments spreaded over a period of two months and that he may be permitted to place on record his written statement and to contest the case.

3. Learned counsel representing the respondent-wife fairly submitted that subject to making good the arrears of maintenance, the appellant may be permitted to contest the divorce petition and that he would have no objection to setting aside the impugned order and to enable the appellant (husband) to join proceedings and would have no objection for taking on record the written statement which in fact has already been filed before the Family Court.

4. Learned counsel for the respondent-wife further submitted that the appellant be, however, bound down to ensure that regular payment with regard to monthly maintenance, as awarded by the Family Court, is made to the respondent-wife.

5. At this stage, learned counsel representing the appellant, on instructions, has assured this Court that monthly maintenance shall be duly paid in time and shall be credited in the bank account of respondent-wife through RTGS on or before 10^th of every month failing which, it shall be open to the Family Court to resort to coercive methods, as deemed appropriate.

6. Having regard to the statement of counsel for the parties and bearing in mind the nature of the case, which pertains to custody of a minor child who is stated to be suffering an ailment in the nature of special needs, the appeal is accepted and impugned order dated 07.03.2025 is set aside. The written statement filed by appellant-husband be taken on record by the Family Court and he be permitted to contest the petition. However, we deem it appropriate to direct both the parties to ensure that entire evidence is concluded at the earliest. The learned Presiding Officer, Family Court is also directed to ensure that the proceedings are concluded expeditiously. The respondent-wife shall be afforded a period of 45 days to conclude her evidence after issues are framed and similarly, the appellant-husband shall also be afforded 45 days from the date recording of his evidence commences. The Presiding Officer to take all the necessary steps for ensuring the timely presence of the witnesses and for recording evidence.

7. As far as other orders passed during the course of proceedings, which may pertain to maintenance, visitation rights or interim custody etc. it shall be open to either of the parties to challenge such orders before this Court. We are conscious of the fact that the period of limitation as of now may have expired but needless to mention that either of the