[Human relationship] HC: Courts should avoid hyper-technical approach in dealing with matrimonial disputes

 

The Punjab and Haryana high court recently comprising of a bench of Justice Harkesh Manuja has made it clear that in the matrimonial litigation, the dispute is primarily relating to the human relationship, which ultimately not only affects the two families, but the society at large as well. (Simrit Gulani v. Anil Gulani)

The bench observed, "In the matrimonial litigation, the dispute is primarily relating to the human relationship, which ultimately not only affects the two families but the society at large as well and thus, the standard of strict applicability of the procedure needs to be avoided and instead of adopting hyper-technical approach, the courts are required to be more practical while dealing with such kind of litigation."

Facts of the case

The present revision petition was filed challenging an order, whereby defence of petitioner-wife was ordered to be struck off.

The respondent-husband filed a petition under Section 13(1) (ia) of the Hindu Marriage Act, 1955, seeking decree of divorce against petitioner-wife on the ground of cruelty before the learned trial court on 05.03.2021. 

 

Upon notice, petitioner-wife appeared on 26.04.2022 and sought time for filing of written statement to the divorce petition as well as to file reply to application for grant of interim custody of the minor child. On the next date i.e. 05.08.2022, petitioner-wife sought further time for the purpose of filing written statement as well as reply to application, but the same could not be done and on the next date fixed thereafter i.e. 01.10.2022, the court below ordered for striking off her defence.

It is the aforesaid order, which has now been impugned by way of present revision petition.

Contention of the Parties  

Learned counsel for the petitioner submitted that no sufficient opportunity was ever granted to petitioner-wife for the purpose of filing of her written statement. He also submitted that in the absence of sufficient opportunity having been granted to petitioner-wife, she would not be able to contest her substantial rights involved in the divorce petition including those pertaining to the custody of minor child.

Courts Observation and Judgment

The bench taking note of the  contention of the Parties observed, "From a perusal of zimni orders attached along with the present revision petition, one can see through that petitioner-wife was never afforded sufficient and adequate opportunity to file her written statement. Non-granting of adequate and sufficient opportunity to petitioner-wife for the purpose of filing of her written statement would cause substantial prejudice to her rights, involving her matrimonial dispute, including the custody of the minor child. 

In the matrimonial litigation, the dispute is primarily relating to the human relationship, which ultimately not only affects the two families but the society at large as well and thus, the standard of strict applicability of the procedure needs to be avoided and instead of adopting hyper-technical approach, the courts are required to be more practical while dealing with such kind of litigation."

The bench disposing the petition remarked, "In view of the aforesaid discussion, the order dated 01.10.2022 passed by the court of learned Principal Judge, Family Court, Gurugram is set aside, consequently, present revision petition was allowed by granting one effective opportunity to petitioner-wife to file written statement as well as reply to the application for grant of interim custody of the minor child before the court below.

 Keeping in view the nature of proceedings, the present petition is being disposed off without issuing notice to the respondent-husband, in order to avoid unnecessary delay in the proceedings pending before the court below, initiated at his instance."

 Read Judgment ; 

 

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(With input from news agency language)

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