PUNIT AHLUWALIA Vs. HARPREET KAUR AHLUWALIA

JUDGEMENT

(1.) THE petitioner before this Court is the husband. He had filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with the respondent-Mrs. Harpreet Kaur Ahluwalia.

(2.) THE aforesaid petition had been filed by the husband on May 16, 2003. A notice of the aforesaid petition was issued to the respondent-wife by the learned trial Judge for August 14, 2003. The summons were received by the respondent-wife on May 31, 2003. The respondent appeared through her counsel on August 14, 2003 and the learned trial Court directed the parties to appear for reconciliation proceedings on September 16, 2003. On the aforesaid date, the parties requested for more time for compromise. Accordingly, the matter was adjourned to September 29, 2003. The reconciliation talks failed on the aforesaid date. Thus on September 29, 2003, the learned trial Court adjourned the case to September 30, 2003 and directed the respondent to file her written statement. Accordingly, the respondent-wife filed a written statement on September 30, 2003.

(3.) THE aforesaid application was contested by the respondent-wife. It was claimed that the written statement has been filed immediately when the case was adjourned from September 29, 2003 to the next day, i.e. September 30, 2003 and since there was no delay in filing the written statement, therefore, there was no occasion for striking off her defence.