ANIL BANSAL Vs. PRIYANAKA

JUDGEMENT

(1.) The present petition is directed against the order dtd. 19/12/2016 passed by the District Judge, Family Court-II, Faridabad (for short and the Trial Court) through which the petitioner's defence has been struck off.

(2.) The facts, in brief, which are required to be noticed for adjudicating upon the present petition are that the respondent-wife filed a petition under Sec. 13(i) of the Hindu Marriage Act, 1955 seeking therein divorce from the petitioner-husband. In such petition, notice was issued to the petitioner for 28/10/2015. However, since on 28/10/2015, the Presiding Judge was to be on leave, the file was taken up a week earlier i.e. on 21/10/2015 and the matter was adjourned to 12/2/2016 on which date after assuming that the petitioner would had been served, the Court directed that he be proceeded ex parte. Thereafter, on the adjourned date i.e. 13/5/2016, four witnesses of the respondent-wife were examined and the matter was adjourned to 29/7/2016. However, prior thereto i.e. on 20/5/2016, the petitioner filed an application seeking therein to set aside ex parte order dtd. 12/2/2016. In such application filed by the petitioner, notice was issued to the respondent-wife and on 7/10/2016, the ex parte proceedings against the petitioner-husband were set aside. The matter was thereafter adjourned to 19/12/2016 to enable the petitioner to file his written statement on which date for the reason that the petitioner had not filed his written statement, his defence was struck off.

(3.) Learned counsel for the parties have been heard.