High Court of DelhiMAT.APP.(F.C.)/76/2018

Renu Khatiayan v. Samarat Khatiyan

2018-05-22Hon'Ble Mr. Justice Siddharth Mridul,Hon'Ble Ms. Justice Deepa Sharma2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 76/2018 RENU KHATIAYAN ..... Appellant Through:

Mr. Satish Kumar, Mr. Umesh Mishra and Mr. Vishal Patel, Advocates versus SAMARAT KHATIYAN ..... Respondent Through:

Mr. M. Hasibuddin, Advocate

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 22.05.2018 Although a perusal of the impugned order dated 25.01.2018 reveals that the appellant wife, despite repeated opportunities, did not file a written statement in the petition for divorce, instituted on behalf of the respondent husband in the year 2015, learned counsel appearing on behalf of the respondent husband fairly states that subject to a direction to the learned Family Court to dispose of expeditiously the proceeding under Section 13(1)(ia) of the Hindu Marriage Act, 1955 that is currently pending adjudication, he does not oppose the grant of one more opportunity to the appellant wife to file the written statement and for proceedings before the learned Family Court to proceed further from that stage. MAT.APP.(F.C.) 76/2018

In view of the foregoing, it is directed that the appellant wife file her written statement before the concerned Court, advance copy of which has been furnished to learned counsel for the respondent husband during the course of the day today, and the respondent husband is granted two weeks' time to file a replication thereto.

It is further directed that the learned Family Court shall commence further proceedings from that stage and proceed to dispose of the proceedings pending before it, as expeditiously as possible and preferably within a period of six months from the next date of hearing, without granting any unwarranted adjournments to the parties. The parties shall appear along with their counsel before the learned Family Court on 08.06.2018 for further proceedings, in accordance with law.

The above order has been passed to secure the ends of justice in the facts and circumstances of the present case.

With the above directions, the appeal stands disposed of. A copy of this order be sent to the concerned Family Courts for necessary information and compliance.

SIDDHARTH MRIDUL, J DEEPA SHARMA, J MAY 22, 2018 dn MAT.APP.(F.C.) 76/2018