The Delhi High Court holds that Family Courts may extend the time for filing a written statement if exceptional circumstances are demonstrated

Case: MS NIDHI SAWNANI vs. HARSH SAWNANI

Coram: Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta

Case No.: MAT.APP.(F.C.) 77/2023

Court Observation: “The departure should be as an exception for the reasons to be assigned by the respondent and in case grave injustice would be incurred, if the opportunity to file the written statement is denied. The same depends upon the facts and circumstances of a given case,”

“As such, it is evident that the appellant was unaware that the written statement had not been filed and taken on record,”

“It cannot be ignored that the appellant was under a great mental stress as it has been pointed out that one of the daughters is in the custody of the respondent. The case is still posted for cross-examination of respondent and no prejudice is likely to be caused in case written statement is permitted to be taken on record and matter is proceeded with, after framing of issues,”

“The same would ensure the proper and effective adjudication of the petition filed by the respondent. The order passed by learned Judge, Family Court declining to take the written statement on record is accordingly set aside. Appeal is allowed,”

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The Delhi High Court holds that Family Courts