ABHISEK UPADHYAY Vs. MANISHA MISHRA

JUDGEMENT

(1.) Appellant is husband appearing in person. He is aggrieved by order dtd. 9/4/2024 made by the Family Court, also dismissing his counter claim filed in the civil proceeding instituted by respondent-wife. He submits, the Family Court erred in applying judgment of the Supreme Court in Ramesh Chand Ardawatiya vs Anil Panjwani, reported in (2003) 7 SCC 350. Having had filed written statement, he did not seek amendment thereto but additionally had filed counter claim. Impugned judgment be reversed in appeal.

(2.) None appears on behalf of respondent-wife. By order dtd. 8/5/2024 we had directed issuance of notice of appeal. Appellant duly complied by putting in the requisites. The postal article has been returned bearing postal endorsement, 'refused'. Hence, there has been good service and respondent goes unrepresented.

(3.) Considering appellant appears in person, we looked at the brief. It appears, respondent-wife had filed for divorce. Part of the order sheet of the Family Court stands disclosed in the appeal papers. It appears from impugned order dtd. 9/4/2024, inter alia, appellant had filed his written statement on 21/9/2022 and thereafter his counter claim on 10/10/2023.