Punjab and Haryana High Court

” In recent Order dated 05.12.2022 P&H High Court observed in (Simrit Gulani vs Anil Gulani ) that in the matrimonial litigation, the dispute is primarily relating to the human relationship, which ultimately not only affects the two families but the society at large as well and thus, the standard of strict applicability of the procedure needs to be avoided and instead of adopting hyper-technical approach, the courts are required to be more practical while dealing with such kind of litigation.”


The Judge was considering a revision petition submitted by a woman whose defence had been dismissed by a Gurgaon Family Court and who had been barred from providing a written statement in the divorce proceedings her husband had started against her.

Due to this order, the Family Court further prohibited the wife from providing a written statement in the dispute over her child’s maintenance and temporary custody.

The judge stated that the wife would be severely harmed by this Family Court order in the proceedings.

“One can see through that petitioner-wife was never afforded sufficient and adequate opportunity to file her written statement. Non-granting of adequate and sufficient opportunity to petitioner-wife for the purpose of filing of her written statement would cause substantial prejudice to her rights, involving her matrimonial dispute, including the custody of the minor child,” the judge underscored.

As a result, the bench nullified the Family Court’s order in this case without giving the respondent husband any notice and gave the wife a good chance to submit her written arguments.


– Aakash Anand 



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