Full Judgment Text
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 10.05.2024
+ MAT.APP.(F.C.) 144/2024
ARUN KANGRA ..... Appellant
Through: Mr Manoj Kumar, Advocate.
versus
ARTI SARWAN ..... Respondent
Through: Ms Payal Chawla with Ms Natasha
Sood, Advocates along with
respondent in person.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE AMIT BANSAL
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J.: (ORAL)
1. Ms Payal Chawla, who has been appointed by the Delhi High Court
Legal Services Committee, has entered appearance on behalf of the
respondent.
2. It is Ms Chawla’s contention that the documents appended with the
appeal to explain the delay pertain to 2022.
3. To be noted, the documents appended to the appeal are medical
records of the appellant’s mother.
4. It is the submission of the counsel for the appellant that the cancer
treatment of the appellant’s mother is continuing up until now.
5. Although Ms Chawla, based on instructions of the respondent
contested this position, we are of the view that one last opportunity ought to
be given to the appellant to submit his defence to the divorce petition
Signature Not Verified
MAT.APP.(F.C.)No.144/2024 Page 1 of 2
Digitally Signed By:ATUL
JAIN
Signing Date:16.05.2024
14:00:33
preferred by the respondent under Section 13(1)(ia) of the Hindu Marriage
Act, 1955.
6. The record shows that the trial court has fixed the matter for evidence
of the respondent/wife on 04.06.2024. The record discloses that the appeal,
is accompanied by the reply/written statement, which appears to have been
sworn on 16.03.2024 by the appellant, when the impugned judgment and
order was passed.
7. Given this position, the appellant will place the reply/written
statement before the Family Court within the next five (05) days.
7.1 Rejoinder thereto, if any, will be filed by the respondent/wife within
the next ten (10) days.
8. Furthermore, the Family Court will be at liberty to frame issues,
having regard to the fact that reply and rejoinder has been directed to be
placed on record.
9. In case issues are framed, an order will be passed in that behalf.
10. In the event it is not possible to take up the matter for tendering
evidence on 04.06.2024, a date proximate to that date, will be given.
11. Cost of Rs. 10,000/- will be paid by the appellant to the respondent on
04.06.2024.
12. The appeal is disposed of in the aforesaid terms.
RAJIV SHAKDHER, J
AMIT BANSAL, J
MAY 10, 2024/ tr
Click here to check corrigendum, if any
Signature Not Verified
MAT.APP.(F.C.)No.144/2024 Page 2 of 2
Digitally Signed By:ATUL
JAIN
Signing Date:16.05.2024
14:00:33