Arun Kangra v. Arti Sarwan

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 MAT.APP.(F.C.)No.144/2024 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 Click here to check corrigendum, if any