RITU CHADHA Vs. ANKUR CHADHA

JUDGEMENT

(1.) Petitioner has filed a petition under Sections 12 and 13 of the Hindu Marriage Act (hereinafter referred to as H.M.Act) against the respondent. Respondent was required to file written CM(M) No.361/2010 Page 1 of 5 statement within the stipulated period. He filed written statement after the expiry of period of limitation as prescribed under Order 8 Rule 1 CPC along with an application seeking condonation of delay in filing the written statement as well as for waiver of cost imposed upon him vide order dated 24th January, 2009. The said application was duly contested by the petitioner. Trial Court vide order dated 16th November, 2009 directed the respondent to file a detailed medical certificate from the concerned doctor at RML Hospital regarding his ailment which prevented him from filing written statement within the period of limitation. Since respondent failed to file the detailed medical certificate as required and absented himself on 8th December 2009, Court struck off the written statement placed on record and proceeded ex parte against the respondent.

(2.) An application was filed by the respondent under Section 151 CPC for recalling of the order dated 8th December 2009, which was allowed by the Trial Court on 4th March, 2010. Impugned in this petition is the said order of the Trial Court.

(3.) Learned counsel for the petitioner has submitted that order of the Trial Court suffers from infirmities and illegalities as respondent had failed to comply with order of the Court dated 16th November, 2009 and no medical certificate was filed at all and CM(M) No.361/2010 Page 2 of 5 respondent had also failed to make any sufficient ground for not having filed his written statement within the period granted by the Trial Court. Trial Court simply allowed the application of the respondent without looking into the conduct of the respondent and without considering its previous orders, unmindful of the fact that written statement, which was struck out from the record, could not be taken on record without respondent having satisfied the Court the reasons for delay in filing the written statement.