Punjab & Haryana HC Sets Aside Order Striking Off Wife's Defence In Divorce Case, Deters Hyper-Technical Approach In Matrimonial Litigation

"In the matrimonial litigation, the dispute is primarily relating to the human relationship, which ultimately not only affects the two families but the society at large as well and thus, the standard of strict applicability of the procedure needs to be avoided and instead of adopting hyper-technical approach, the courts are required to be more practical while dealing with such kind of litigation."

The petitioner-wife had appeared before the Family Court on 26.04.2022 and had sought time for filing of written statement to the divorce petition as well as to file reply to application for grant of interim custody of the minor child. On the next date, she sought further time for the purpose of filing written statement and reply to application, but the same could not be done and on the next date fixed thereafter, the Family Court ordered for striking off her defence.

From a perusal of zimni orders, the High Court observed that the petitioner-wife was never afforded sufficient and adequate opportunity to file her written statement. "Non-granting of adequate and sufficient opportunity to petitioner-wife for the purpose of filing of her written statement would cause substantial prejudice to her rights, involving her matrimonial dispute, including the custody of the minor child," it said.

Accordingly, the Court directed the Family Court to grant one "effective opportunity" to the petitioner to file her written statement as well as reply to the application for grant of interim custody of the minor child.

Case Title: Simrit Gulani v. Anil Gulani

Citation: CR-5664-2022 (O&M)

Coram: Justice Harkesh Manuja

Citation: 2022 LiveLaw (PH) 323 

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