RAJIV SHARMA Vs. SMRITI SHARMA

JUDGEMENT

(1.) IN view of the nature of the order proposed to be passed in this matter, issuance of notice to the respondent is dispensed with.

(2.) THE petitioner-husband is aggrieved by the impugned order dated 28.12.2012, whereby his right to file reply to the petition filed against him by the respondent-wife for grant of divorce under Section 13 of the Hindu Marriage Act, 1956 has been closed. The order under challenge is reproduced below for ready reference.

(3.) IN view of the above, it shall be expedient and in the interest o justice to grant the petitioner-husband another opportunity to file reply to the divorce petition, as last chance. Ordered accordingly. Consequently, the impugned order dated 28.12.2012 is set aside with a direction to the learned trial court to afford one more opportunity to the petitioner-husband to file reply to the divorce petition filed against him by the respondent-wife, which is pending trial in the said court, as last chance. However, it shall be subject to payment of costs of Rs. 2000/- which shall be tendered in the learned trial court on the day fixed for filing reply. The amount of costs shall go to the respondent-wife.