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High Court of Punjab and HaryanaCR/4807/2024disposed of

Jagroop Kaur v. Nihal Singh And Another

2024-08-27Mr. Justice Deepak Gupta2 pages

CR-4807 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-4807 of 2024 Date of decision : August 27, 2024 Jagroop Kaur ...... Petitioner

Versus

Nihal Singh and another ...... Respondent CORAM : HON'BLE MR. JUSTICE DEEPAK GUPTA *** Present : Ms. Satpreet Grewal Kapila Advocate for the petitioner.

*** DEEPAK GUPTA, J (Oral) 1.

The petitioner is aggrieved by the impugned order dated 05.08.2024 passed by the Family Court, CC Dasuya whereby defence of the petitioner (respondent before the trial court), has been struck off. 2.

Learned counsel for the petitioner contends that petitioner is residing in USA. She is a single mother taking care of one child, due to which she could not file the written statement in time. 3.

A perusal of the impugned order would reveal that petitioner had earlier appeared through her counsel on 26.04.2022 but was proceeded ex-parte on 07.02.2023. Her application for setting aside the ex-parte order was allowed on 17.10.2023. The matter was adjourned again for filing the written statement. Despite availing many opportunities including the last opportunity, she failed to file written statement and ultimately her defence was struck off on 05.08.2024.

ARCHANA ARORA 2024.08.28 10:47 I attest to the accuracy and integrity of this document

CR-4807 of 2024 4.

Although, the conduct of the petitioner does not entitle her to provide opportunity to file written statement, but considering the circumstances pointed out by the learned counsel for the petitioner, trial court is directed to provide one opportunity to the petitioner to file the written statement subject to Rs.20,000/- as costs payable to the respondenthusband by way of Demand Draft in his favour. 5.

The petition is allowed accordingly by setting aside the impugned order.

6.

Since this order has been passed without issuing any notice to the respondent, therefore the respondent will be at liberty to approach this Court, in case , he feels aggrieved.

( DEEPAK GUPTA) JUDGE August 27, 2024 archana Whether speaking/reasoned Yes Whether Reportable :

No ARCHANA ARORA 2024.08.28 10:47 I attest to the accuracy and integrity of this document