Punjab And Haryana High Court · 2024
Judgment
HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Amit Parashar, Advocate for Mr. Amit Kumar Jain, Advocate for the pe(cid:27)(cid:27)oner. **** DEEPAK GUPTA, J. (Oral) Pe(cid:27)(cid:27)oner herein is respondent before the Family Court, Rohtak in divorce pe(cid:27)(cid:27)on filed by the husband (respondent herein). The defence of the respondent has been struck off by way of the impugned order dated 09.07.2024 on account of her failure to file the wri0en statement despite availing several opportuni(cid:27)es including the last opportunity.
Assailing the afore-said order, learned counsel for the pe(cid:27)(cid:27)oner prays for gran(cid:27)ng one opportunity to the pe(cid:27)(cid:27)oner to file the wri0en statement so as to contest the ma0er.
Without commen(cid:27)ng anything on merits of the case, this pe(cid:27)(cid:27)on is hereby accepted by se3ng aside the impugned order dated 09.07.2024 and gran(cid:27)ng one opportunity to the pe(cid:27)(cid:27)oner to file the wri0en statement. However, this order is subject to (cid:1)5,000/- as costs payable by the pe(cid:27)(cid:27)oner to the respondent- husband by way of a bank dra8. The concerned Family Court, Rohtak shall fix a date for filing the wri0en statement and proceed further in accordance with law.
Since this order has been passed without issuing any no(cid:27)ce to the contes(cid:27)ng respondent- plain(cid:27)ff, in order to avoid unnecessary delay, the respondent will be at liberty to approach this Court, in case she feels aggrieved. September 11, 2024 ( DEEPAK GUPTA ) JUDGE Whether Speaking/reasoned Whether Reportable Yes/No Yes/No RENU 2024.09.11 17:01 I attest to the accuracy and integrity of this document Chandigarh
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