GAURAV DHINGRA Vs. AASTHA DHINGRA AND ORS

JUDGEMENT

(1.) This petition is preferred under Article 104 of the Constitution of Jammu and Kashmir read with Article 227 of the Constitution of India against the order dated 13.10.2016 passed by the Additional District Judge, (Matrimonial Cases), Jammu whereby the plea of the petitioner for invoking the provisions of Order VIII Rule 10 of the Code of Civil Procedure (for short, CPC) has been rejected. Briefly stated the material facts are as under:

(2.) Petitioner filed a suit for divorce under Hindu Marriage Act, 1955 (Central Act) before the Family Court at Saket, New Delhi on various grounds, which need not be referred to at this stage as the same are not relevant. Upon service of summons on 15.6.2015, the respondent finally entered appearance before the court on 30.6.2015 and a power of attorney was filed by her counsel. The Family Court, Saket, New Delhi, by virtue of order dated 30.6.2015 referred the parties for conciliation and fixed the date for appearance before the counsellor for the same. The court, by virtue of the said order, fixed the matter on 1.12.2015 for the report from the counsellor, failing which the respondent was directed to file the written statement within thirty days with an advance copy to the petitioner and further liberty to the petitioner to file replication within two weeks thereafter. The thirty days time allowed by the court lapsed on 30.7.2015. Despite appearance before the Mediation Officer on two occasions, the same did not bear fruit. In the meantime, it appears that the respondent filed a transfer petition before the Apex Court on 21.8.2015 and the same was allowed by virtue of order dated 7.9.2015 when the petition for divorce was transferred from Family Court, Saket New Delhi to the appropriate court at Jammu.

(3.) Upon receipt of the relevant records, fresh notice is stated to have been issued by the Matrimonial Court, pursuant to which, the respondent appeared on 14.11.2015 when a Vakalatnama was filed by her counsel. On 28.11.2015, the matter got adjourned to 22.12.2015 as the learned Presiding Judge (Matrimonial Cases), Jammu did not hold the court whereafter the matter is stated to have been fixed on 23.12.2015 when neither the respondent nor her counsel appeared. An adjournment was sought, which was granted but the written statement was not filed. In the meantime, it appears that the Matrimonial Court initiated the mediation proceedings.