NIDHI BANGA Vs. MOHINDER BIR SINGH

JUDGEMENT

(1.) None appears for the respondent. We have heard learned Counsel for the appellant and perused the record. By way of the present appeal the appellant laid a challenge to the order dated 22nd March, 2013 whereby the Family Court directed the appellant to file her written statement without adjudication of her application for grant of maintenance and litigation expenses under Section 24 of the Hindu Marriage Act, 1956.

(2.) The appellant has contended that the same is contrary to the settled principles of law and has placed reliance on the pronouncement of this Court Pramod Saigal v. Amrita Singh, 2013 204 DLT 454 Gaurav Sondhi v. Diya Sondhi, 2005 120 DLT 426 Rajeev Preenja v. Sarika and Ors., 2009 2 DMC 26 as well as Bombay High Court Sau. Vanita Pravin Gaikwad v. Shri Pravin Pundlik Gaikwad, 2010 AIR(Bom) 62 in support of his submission. It has been held in these judicial precedents that wife cannot be compelled to file written statement unless the order passed on an application seeking grant of litigation expenses.

(3.) In this regard we may usefully extract para 10 of Sau. Vanita Pravin Gaikwad v. Shri Pravin Pundlik Gaikwad which reads thus: