VIDYA TANWAR Vs. ASHOK BHATI

JUDGEMENT

(1.) Assailed herein is an order dtd. 16/11/2021 (Annexure-3) whereby, learned Family Court No.-1, Jodhpur whereby right of the petitioner-wife to file reply to the application filed by the respondent No.1 (husband) under Sec. 9 of the Hindu Marriage Act, 1955 has been closed.

(2.) Succinct facts first, as pleaded in the instant writ petition.

(3.) Learned Counsel for the petitioner submits that the learned Family Court passed the impugned order in haste. Court below ought to have been mindful that it is required to administer justice to both parties after giving them equal opportunity and after considering the principles of natural justice. The impugned order dtd. 16/11/2021 is therefore liable to be set aside. He further asserts that the petitioner's son was suffering from dengue, rendering her unable to appear before the learned Court and/or take steps prior thereto for preparing reply etc. Notwithstanding, the learned Family Court ignored this contention, closed the opportunity for filing the reply, and proceeded ex-parte against the petitioner. Counsel would urge that there was no deliberate delay on the part of the petitioner and it would cause her irreparable harm if she is not allowed to contest the petition.