Ex-Parte Decision In Matrimonial Suits Unjust; Has Social, Financial & ‘Strong Emotional Impact’: Calcutta High Court
The Calcutta High Court has dismissed a revision application in against the orders of the trial court in a matrimonial suit, which allowed the wife/respondent adjournments and opportunities to file her written statement.It was contended by the petitioner that the trial court could not have passed orders extending the time for filing written statements for the wife, since no formal application...
The Calcutta High Court has dismissed a revision application in against the orders of the trial court in a matrimonial suit, which allowed the wife/respondent adjournments and opportunities to file her written statement.
It was contended by the petitioner that the trial court could not have passed orders extending the time for filing written statements for the wife, since no formal application for the same had been made by her.
In dismissing the petitioner’s contentions, a single-bench of Justice Shampa Sarkar held:
Rules of procedure are handmaid of justice. They are used as a shield not as a sword. Thus, even if there was no formal application for extension of time to file the written statement, the learned court exercised discretion and allowed the respondent to file the written statement. This is a matrimonial suit. An ex parte decision in the matrimonial suit would be unjust. Such decision would not only have a social impact but also a financial and a strong emotional impact.
It was held that justice would only be served if both parties were allowed to contest the suits and participate in the proceedings to the best of their abilities.
The Bench however directed the trial court to ensure that a copy of the written statement filed by the wife was served on the husband and that the suit be disposed of within a year of the next date of hearing.
Citation: 2023 LiveLaw (Cal) 323
Case: Surya Chandra Mishra v Mrs. Chitrangana Debnath
Case No: C.O. No. 2943 of 2023