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Jyoti v. Sonu

Punjab & Haryana HC11 Sept 2024CR/5253/2024

Case brief

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What is this about?

Wife's defence in a Family Court divorce petition was struck off after she failed to file her written statement despite multiple opportunities. The High Court set aside that order and granted one final opportunity to file the written statement, subject to payment of Rs 5,000 as costs to the husband.

What did the court decide?

Impugned order dated 09.07.2024 set aside; one opportunity granted to file written statement, subject to Rs 5,000 costs by bank draft.

Jyoti Vs Sonu — Matrimonial and Divorce | Punjab & Haryana HC (2024)

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S. No.131

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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********

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CR No.5253 of 2024 Date of Decision:11.09.2024 Jyo( .....Pe((oner Vs. Sonu .....Respondent

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CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present:Mr. Amit Parashar, Advocate for Mr. Amit Kumar Jain, Advocate for the pe��oner.

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DEEPAK GUPTA, J. (Oral)

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Pe��oner herein is respondent before the Family Court, Rohtak in divorce pe��on filed by the husband (respondent herein). The defence of the respondent has been struck off by way of the impugned order dated 09.07.2024 on account of her failure to file the wri0en statement despite availing several opportuni�es including the last opportunity.

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Assailing the afore-said order, learned counsel for the pe��oner prays for gran�ng one opportunity to the pe��oner to file the wri0en statement so as to contest the ma0er.

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Without commen�ng anything on merits of the case, this pe��on is hereby accepted by se3ng aside the impugned order dated 09.07.2024 and gran�ng one opportunity to the pe��oner to file the wri0en statement. However, this order is subject to �5,000/- as costs payable by the pe��oner to the respondent- husband by way of a bank dra8. The concerned Family Court, Rohtak shall fix a date for filing the wri0en statement and proceed further in accordance with law.

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Since this order has been passed without issuing any no�ce to the contes�ng respondent- plain�ff, in order to avoid unnecessary delay, the respondent will be at liberty to approach this Court, in case she feels aggrieved.

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September 11, 2024		( DEEPAK GUPTA )
renu		JUDGE
Whether Speaking/reasoned	Yes/No
Whether Reportable	Yes/No

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RENU 2024.09.11 17:01 I attest to the accuracy and integrity of this document Chandigarh

Jyoti v. Sonu

Case brief

What is this about?

What did the court decide?

Jyoti v. Sonu

Case brief

What is this about?

What did the court decide?

What the court decided

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