USHA TRIPATHI W/O CHAKRADHAR TRIPATHI Vs. CHAKRADHAR TRIPATHI S/O SHRI RAJKUMAR TRIPATHI

JUDGEMENT

(1.) THE petitioner has filed this petition, impugning the order dated 28-1-2008 (Annexure P/7), passed by the Family Court, Ambikapur, District Surguja in Civil Suit No. 36-A/2007 (Chakradhar Tripathi v. Usha Tripathi), whereby the application of the petitioner dated 16-1-2008 for grant of time to file written statement was rejected.

(2.) LEARNED Counsel appearing for the petitioner submits that the petitioner and the respondent are wife and husband, respectively. Their marriage was solemnized on 22-5-1998 at Patthalgaon, District Jashpur and within the wedlock, one son was born on 15-3-1999. On 24-7-2007 the respondent/husband filed an application under Section 13 of The Hindu Marriage Act, 1955 (for short "The Act, 1955") for grant of a decree of divorce against the petitioner/wife, in the Family Court, Ambikapur. The application was registered as Civil Suit No. 36-A/2007. The notice was issued to the petitioner and the case was fixed for 18-9-2007 for conciliation.

(3.) SHRI Subhash Yadav, learned Counsel appearing for the petitioner submits that on 18-9-2007 the case was fixed only for conciliation proceeding between the parties and there was no order for filing written statement. Though the conciliation proceeding failed on 18-9-2007 but the case was not fixed for filing written statement. Learned trial Court has erred in holding that the time for filing written statement was expired. The petitioner could engage a counsel on 25-1-2008, as such learned trial Court ought to have granted time to the petitioner to file written statement.