(1.) Respondent Pawandeep Singh has filed a petition for divorce under Section 13 (1) (i-a) of the Hindu Marriage Act (hereinafter referred to as Act). In pursuance of the summons received by the Petitioner Manmeet Kaur, appearance was put by her in the court on 11.12.2008 through her attorney Anil Kansal. However, petitioner failed to file her written statement on 29.01.2009 and thereafter. The trial court vide its impugned order dated 18.03.2009 struck off the defence of the petitioner for non filing of the written statement within the period of limitation. Aggrieved by the said order of the trial court, this petition has been filed.
(2.) Mr. Ketan Malhotra, learned counsel for the Petitioner has submitted that Petitioner could not file her written statement within the period of limitation and also within the extended time granted by the court because, her passport was kept in the High Court of Justice, Family Division London, UK in pursuance of the location order passed by the said Court in the petition filed by the respondent seeking return of the minor children to the jurisdiction of India. For want of passport, Notary Public was not authorized to attest the Affidavit as the same was required to be produced before him by the Petitioner as per the local system prevalent in UK. He has further submitted that under the circumstances, trial court did not exercise its power within the ambit of law when it struck off the defence of the Petitioner vide impugned order dated 18.03.2009.
(3.) Mr. Vijay Sondhi, learned counsel for the respondent has submitted that this petition is signed by the Petitioner herself, though the enclosed Affidavit is that of Mr. Pankaj Malik Advocate. The Court had permitted the Petitioner to represent her through her attorney Mr. Anil Kansal. The Court even permitted him to file the written statement on behalf of the Petitioner. Despite this, Petitioner failed to comply with the directions of the Court and failed to file the written statement within the period of limitation. He has further argued that any other identification document could have been produced before the Notary Public in UK, beside, passport like; driving licence, national identity card, the armed forces pass, firearms licence, other government issued ID, residential permit and benefit book or original notification letter from Benefits Agency along with the proof of residence. If the Petitioner was incapacitated in producing her passport before the Notary Public for attestation of the Affidavit, she could have produced any of the aforesaid documents before him for identification purposes. He has urged that Petitioner has been adopting delaying tactics with ulterior motives to delay the proceedings of the divorce petition.