Delhi High Court
Rohit Marwaha vs Sonia Marwaha & Anr. on 10 May, 2023
Neutral Citation Number 2023:DHC:3383-DB
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.05.2023
MAT.APP.(F.C.) 113/2023
+ MAT.APP.(F.C.) 113/2023
ROHIT MARWAHA ..... Appellant
versus
SONIA MARWAHA & ANR. ..... Respondents
Advocates who appeared in this case:
For the Appellant: Mr. Sumit Goswami, Advoate with appellant in person.
For the Respondent: Ms. Shaju Francis, Advocate for R-1.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
MAT.APP.(F.C.) 113/2023
1. Appellant impugns order dated 01.03.2023 whereby, the Family
Court has permitted the respondent to file the written statement within
three days.
2. Learned counsel for the appellant submits that the respondent
has not filed the written statement despite several opportunities and
she was also proceeded ex-parte vide order dated 20.12.2021.
3. Learned counsel for the respondent No. 1 submits that the
respondent No. 1 was served sometime in August, 2020 when the
Signature Not Verified
Digitally Signed
Signing Date:16.05.2023
15:52:33
Neutral Citation Number 2023:DHC:3383-DB
pandemic was in force and hybrid hearings were being held. He
submits that written statement has already been filed on 03.03.2023,
however, the Ahlmad of the Court has not tagged the same along with
the Court record.
4. To show bonafides, he has produced before us a copy of the
written statement which is dated 28.02.2023.
5. In view of the above, we find no ground to interfere with the
impugned order dated 01.03.2023 permitting the respondent to file the
written statement. In any event, keeping in view the nature of
allegations made in the divorce petition, we are of the view this is not
the case where the proceedings should be permitted to continue ex-
parte without the defence on the part of the respondent No. 1 coming
on record especially when respondent No. 1 is already stated to have
filed the written statement.
6. Learned counsel for appellant submits that copy of the written
statement has not been received.
7. In view of the above, we dispose of the appeal with a direction
to respondent to supply a copy of the written statement to the appellant
through counsel within one week from today. Replication to the
written statement ,if any, be filed on the record of the Family Court
within six weeks.
8. In view of the stand that the Ahlmad of the Court has not placed
the written statement on record, on the grounds that the same is not
traceable as submitted by the learned counsel for respondent. In case,
the written statement is not traceable, the respondent is permitted to
re-file a copy of the written statement along with a fresh attested duly
Signature Not Verified
Digitally Signed
Signing Date:16.05.2023
15:52:33
Neutral Citation Number 2023:DHC:3383-DB
signed affidavit within one week from today.
9. The appeal is disposed of in the above terms.
CM APPL. 21340/2023 (condonation of delay in filing)
1. In view of the appeal having been disposed of on merits, the
delay in filing the appeal is condoned.
2. The present application stands disposed of.
[[[[
SANJEEV SACHDEVA, J
MANOJ JAIN, J
MAY 10, 2023
swati
Signature Not Verified
Digitally Signed
Signing Date:16.05.2023
15:52:33
