SURYA CHANDRA MISHRA Vs. MRS. CHITRANGANA DEBNATH

JUDGEMENT

(1.) The petitioner has challenged orders dated March 28, 2023, April 24, 2023, June 19, 2023 and August 8, 2023 passed in Matrimonial Suit No.2858 of 2021 by the learned Additional District Judge, 16th Court at Alipore, South 24-Parganas. By the orders impugned, the learned trial court allowed the wife/respondent adjournments and opportunities to file the written statement.

(2.) The petitioner submits that without any formal application for extension of time to file the written statement, such orders could not be passed.

(3.) In my opinion, the contention of the petitioner is technical. Rules of procedure are handmaid of justice. They are used as a shield not as a sword. Thus, even if there was no formal application for extension of time to file the written statement, the learned court exercised discretion and allowed the respondent to file the written statement. This is a matrimonial suit. An ex parte decision in the matrimonial suit would be unjust. Such decision would not only have a social impact but also a financial and a strong emotional impact.