Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea

The Delhi High Court has said that while dealing with matrimonial matters, family courts must adopt an approach which is different from ordinary civil proceedings.

“While dealing with disputes concerning the family, the Courts ought to adopt an approach radically different from that adopted in ordinary civil proceedings,” Justice Ravinder Dudeja said.

The Court was dealing with a wife's plea challenging a family court order closing her right to file reply or written statement. It had also dismissed her application for recall of the said order.

The husband had filed a Divorce Petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 against the wife before the Family Court.

She was proceeded ex-parte on in December 2023. Later, the ex-parte order was set aside subject to costs. Thereafter, the Family Court granted two weeks time to the wife for filing written statement. However, since the same was not filed, the Family Court closed her right to file the written statement.

The wife submitted that she was single mother and had the sole responsibility for the upbringing and care of two children, including a minor son. She submitted that her daughter had been undergoing medical treatment since July 2024, but the Family Court paid no consideration to the medical record.

On the other hand, the husband contended that the daughter was not suffering from any ailment of such nature that the wife could not file the written statement within the stipulated period.

Allowing the plea, the Court observed that the wife placed on record the medical record, which prima facie, showed that her daughter was having health issues and that the WhatsApp conversations revealed that the said fact was to the knowledge of the husband.

“The closure of petitioner's right to file the written statement would deprive her of an opportunity to defend herself in the divorce petition. Petitioner shall suffer great prejudice in case she is not allowed to file the written statement and bring-forth her defence in the divorce petition,” the Court said.

Title: MEENU AGRAWAL v. BHARAT GOEL

Citation: 2025 LiveLaw (Del) 291

Click here to read order