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[2026:RJ-JD:6354]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 2405/2026

Smt. Parvinder Kaur W/o Shri Amrit Pal Singh, Daughter Of

Surjeet Singh Rai Sikh, Aged About 33 Years, Resident Of Chak 2

L.p.m. Chhota Lalpura (Sameja) Tehsil Raisinghnagar District Sri

Ganganagar.

----Petitioner

Versus

Shri Amrit Pal Singh S/o Shri Jarnail Singh Rai Sikh, Aged About

37 Years, Resident Of 4 B Badi Pakki Tehsil And District Sri

Ganganagar.

----Respondent

For Petitioner(s) : Mr. Mahesh Thanvi

Mr. Pragya Thanvi

For Respondent(s) : -

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

04/02/2026

By way of filing the present civil writ petition under Article

226 of the Constitution of India, the petitioner has prayed for the

following reliefs:-

“It is, therefore, prayed that this writ petition may

very kindly be allowed and by an appropriate writ, order or

direction:-

i) The impugned Order dated 06.09.23, 11.12.2024,

15.01.2026 and 21.1.2026 passed by Family Court No.1

Sri Ganganagar in Civil Misc. Case No.70/2022 may very

kindly be set aside;

ii) That the Family Court No.1 Sri Ganganagar may very

kindly be directed to take on record the reply filed by

petitioner to the divorce petition and thereafter after

framing the issues in the case and after recording evidence

of parties proceed further in the matter in accordance with

law;

iii) any other appropriate order or relief which is deemed fit

and proper may very kindly be granted in favour of the

petitioner;

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iv) The costs may very kindly be granted in favour of the

petitioner.”

Learned counsel for the petitioner submitted that the petitioner

belongs to the rural background and she is not aware about the

niceties of law/ legal proceedings. He submitted that the petitioner

was not properly guided by her counsel and, therefore, she could

not file reply to the divorce petition. It was thus prayed that one

last opportunity may be granted to the petitioner to file reply to

the divorce petition and, thereafter, learned Family Court, Sri

Ganganagar may be directed to proceed in the matter in

accordance with law.

3. Heard.

4. Having heard the learned counsel for the petitioner and

having perused the material available on record, this Court finds

that the respondent- husband has filed an application under

Section 13(1) (i-A) of Hindu Marriage Act seeking for dissolution of

marriage with the petitioner- wife before the learned Family Court,

Sri Ganganagar.

5. This Court further finds that despite grant of sufficient

opportunities, the petitioner- wife failed to file any reply to the

divorce petition on time. In these circumstances, the right to file

reply was closed by the learned Court below vide order dated

06.09.2023. The petitioner- wife thereafter filed applications

before the learned Family Court, Sri Ganganagar seeking an

opportunity to file reply. However, the applications so filed were

rejected by the learned Family Court.

6. This Court after perusing the material available on record,

prima facie finds that the petitioner despite grant of ample

opportunities had not filed reply to the divorce petition on time.

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However, keeping in view the principles of natural justice and right

to fair trial so also the fact that as per the counsel for the

petitioner, the petitioner belongs to rural background, this Court

deems it just and proper to grant one more opportunity to the

petitioner- wife to file her reply before the learned Family Court,

Sri Ganganagar on the next date of hearing, subject to payment of

cost of Rs.5,000/- to the respondent- Amritpal Singh through his

Advocate.

7. It is made clear that in case the petitioner- wife fails to file

reply to the divorce petition on the next date fixed by the learned

Family Court, Sri Ganganagar, no further opportunity to file reply

shall be g