ESHA DHIR Vs. SPARSH DHIR

JUDGEMENT

(1.) This petition has been preferred challenging the orders of 17/1/2020 and 4/9/2020 passed by the Principal Judge Family Court. By the order of 17/1/2020, the Court noticing that the petitioner here had not filed a written statement, granted four weeks" time and called upon the respondent to file his replication, if any. The Principal Judge also took note of an application under Sec. 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act") which had remained pending before its Court. It, accordingly, called upon the party-respondent to file a reply to the said application. By the second order of 4/9/2021, the Court took note of the contention of the respondent that since the petitioner here had failed to file a written statement, the provisions of Order VIII Rule 1 of the Civil Procedure Code would apply and consequently consideration of the application for interim maintenance be deferred till such time as the written statement is tendered.

(2.) The Family Judge after noticing the rival contentions proceeded to hold and record as follows:

(3.) When this petition initially came to be entertained impugning the aforesaid two orders, a learned Judge passed the following significant directions on 2/2/2021 and 10/3/2021: -