NIKHIL BHATIYA Vs. SONAM SINGH BHATIYA

JUDGEMENT

(1.) The present appeal assails the Order dtd. 5/2/2026 ("impugned order") passed by the learned Principal Judge, Family Court, South-West District, Dwarka Courts, Delhi ("Family Court") in HMA No. 64/2024, whereby, the application filed for respondent was allowed and the Order of the Family Court dtd. 20/9/2024 was set aside vide which the defence of the respondent had been struck off.

(2.) As per the case of the appellant, the marriage between the appellant and the respondent was solemnized on 8/2/2019 as per Hindu rites and ceremonies. Out of the said wedlock, one male child was born who is presently residing in the care and custody of the respondent. Due to matrimonial discord and differences between the parties, the respondent left the matrimonial home along with the minor child in the latter part of 2023. The appellant filed a petition for divorce under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 ("HMA") before the Family Court being HMA No. 64/2024.

(3.) On 18/4/2024, the respondent entered appearance before the Family Court. By an order passed on the same date, the appellant was directed to pay litigation expenses of Rs.11,000.00 within a week to the respondent, and the respondent was granted a period of four weeks to file her Written Statement. The next date of hearing was 5/8/2024. The litigation expenses were not paid within the aforesaid time. The respondent failed to file her Written Statement within the time provided. On 5/8/2024, although the then Presiding Officer had retired, and the successor had not taken charge, the respondent was duly represented through a Delhi Legal Services Authority (DLSA) counsel. In view of the respondent's continued failure to file her Written Statement, the appellant moved an application seeking to strike off the defence of the respondent. The matter was thereafter listed on 20/9/2024, when the Family Court struck off the respondent's right to file Written Statement. It is pertinent to mention here that the litigation expenses of Rs.11,000.00 were paid to the respondent after 20/9/2024 only, as is also recorded in the impugned order.