VIKRANT VASHISHT Vs. SHWETA

JUDGEMENT

(1.) This petition has been filed challenging the Order dtd. 31/8/2022 (hereinafter referred to as 'Impugned Order') passed by the learned Principal Judge, Family Court, Patiala House Courts, New Delhi (hereinafter referred to as 'Family Court') in HMA No. 919/2019, titled Shweta v. Vikrant Vashisht, whereby the learned Family Court dismissed the application filed by the petitioner herein seeking recall of the orders dtd. 1/4/2021 and 7/3/2022 passed by the learned Family Court, whereby the right of the petitioner to file the written statement and the right of the petitioner to cross-examine the respondent herein had been closed, respectively. Petitioner's Submissions

(2.) The learned counsel for the petitioner urges that the above petition seeking divorce, being HMA No. 919/2019, has been filed by the respondent on 26/9/2019. It was taken up for the first time for hearing by the learned Family Court on 21/1/2020, and the parties were referred to the Court Counsellor where they were directed to appear on 22/1/2020. While the petitioner appeared before the Court Counsellor, the respondent did not appear on the said date and the matter was fixed for 18/3/2020 by the Court Counsellor. Unfortunately, before the said date, COVID-19 pandemic hit the country, because of which there was first a complete lockdown and thereafter partial working of the courts.

(3.) As the petitioner was appearing in person, he was not aware of the partial working of the court and remained under the impression that the Court Counsellor will fix a further date for the appearance of the parties by giving notice of the same to the petitioner. Due to this misconception, the petitioner did not appear before the learned Family Court on 10/9/2020, 5/11/2020 and 1/4/2021. The learned Family Court, in the absence of the petitioner, closed the right of the petitioner to file the written statement vide order dtd. 1/4/2021.