PRAMOD SAIGAL Vs. AMRITA SANGHI

JUDGEMENT

(1.) It is very unfortunate litigation between the husband/petitioner and wife/respondent who are Advocates of the Supreme Court and of this Court. They got married on 25th January, 1996. However, in the year 2004, the husband, who is the petitioner herein, had a health problem and he underwent various major surgeries including removal of his large intestine and rectum which prevented him from continuing his active practice. In the year 2009 the respondent/wife filed a divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 and a notice was issued to the husband for 9th July, 2009 who appeared and moved an application under Section 24 of the Hindu Marriage Act, 1955 for grant of maintenance and litigation expenses from the wife to enable him to contest the matter and to meet his medical expenses. The said proceedings continued for some time. The petitioner also filed an application under Order 11 CPC. Thereafter, the respondent filed an application under Order VIII Rule 10 CPC for striking off defence of the petitioner.

(2.) The petitioner/husband also filed an application under Section 151 CPC seeking various directions including that the application under Order VIII Rule 10 CPC be deferred till the adjudication of maintenance claim of the petitioner.

(3.) In the impugned order which has been challenged by the petitioner, the learned trial court granted final opportunity to the petitioner to file the written statement within 10 days failing which adverse orders were to be passed against the petitioner/husband. In the application under Section 24 of the Hindu Marriage Act, 1955 both the parties were directed by the learned trial court to file the affidavits of their respective incomes along with income proof, salary statement, ITR's, details of movable and immovable properties, bills, credit card statements etc.