CHETANA HARISH AWARI Vs. HARISH WAMANRAO AWARI

JUDGEMENT

(1.) RULE returnable forthwith. Taken up for final hearing with the consent of the parties.

(2.) IN spite of many chances, having been given to the petitioner-wife to put her defence through her written statement, the petitioner failed to make the most of the opportunities, and it is abundantly clear from the record that exhibits 18, 19 and 20 were filed for seeking time to file written statement and time was granted, but no written statement came to be filed. Ultimately, last application, Exhibit 27, which was filed on July 1, 2002, also came to be rejected by the learned Judge of the trial Court specifically observing that: in view of the amended provisions of Order VIII, in any case written statement was supposed to be filed within 90 days. The petitioner hopelessly failed to make the most of the opportunities available to her.

(3.) IT is also pertinent to observe that in the proceedings, initiated by the respondent-husband, under section 13 (1) of the Hindu Marriage Act, 1955, an application was moved by the petitioner-wife under section 24 of the Act for maintenance which was allowed on 8th April, 2002. Since the amount of maintenance could not be deposited by the respondent-husband, immediately an application was moved for taking an action against the respondent-husband. However, on April 30, 2002, since the amount was already deposited, the petitioner moved an application for withdrawal which was granted on 4th May, 2002. This clearly indicates that the petitioner was well aware of the proceedings going on against her and further that she was supposed to file her written statement as per the extended time granted on earlier occasion by the Court.