DEVRAJ SINGH Vs. BABLI DEVI

JUDGEMENT

(1.) Heard Sri Mithilesh Kumar Tiwari, learned counsel for the petitioner. No one is present on behalf of the respondent, even in the revised call.

(2.) This petition has been filed for following relief:

(3.) Brief facts of the case as mentioned in the petition are that the plaintiff-petitioner filed a divorce petition being Divorce Petition No. 340 of 2015 on 5/5/2015. Notice was issued on 5/5/2015 to the defendant-respondent Babli Devi for filing written statement in the aforesaid divorce petition by the Principal Judge, Family Court, Bijnor. After receiving the notices issued in the aforesaid divorce petition, the defendant-respondent appeared and filed an application Ga-10 dtd. 18/1/2016 under Sec. 24 of the Hindu Marriage Act and prayed for amount of Rs.25,000.00 for expenses of the aforesaid litigation. After filing the aforesaid application dtd. 18/1/2016 under Sec. 24 of Hindu Marriage Act, the defendant-respondent has not filed the written statement and started delaying the disposal of the aforesaid divorce petition by seeking adjournments. On 4/1/2017, the case was directed to proceed ex-parte against the defendant-respondent fixing 16/3/2017. On 16/3/2017 defendant-respondent filed an application paper No. Ga-28 dtd. 16/3/2017 with the prayer that she may be given an opportunity to file written statement. The application filed by the defendant-respondent was allowed by the court. Thereafter, on 10/4/2018 the defendant-respondent Babli Devi filed an application (paper No. 44-Ga) in the aforementioned case and prayed for condonation of delay in filing the written statement and has also made a prayer to accept the written statement in the aforesaid case. Along with her application dtd. 10/4/2018, defendant-respondent has also filed his written statement paper No. 46-Ka. To the application (paper No. 44-Ga) filed by the defendant-respondent, petitioner filed his objections and has stated therein that under the provisions of Order 8 Rule 1 of C.P.C., written statement can be filed within maximum period of 90 days after receiving the notice of the case. The application filed by the defendant-respondent dtd. 10/4/2018, was filed after a lapse of two years and three months. The court below vide order dtd. 11/5/2018 allowed the application filed by the defendant-respondent paper No. 44-Ga on payment of cost of Rs.1,500.00 and has also accepted the written statement filed by the defendant-respondent paper No. 46 Ka. Hence the present petition.