After wasting opportunities given, the knife moved an application to file Counter but husband opposed it at Karnataka High Court.
From Paras 3-6,
4. However, insofar as the position of law as to whether the opportunity to file the objection statement can be granted subsequent to the expiry of the period as provided under Order 8, Rule 1 of CPC has in fact been stated by the Hon’ble Supreme Court wherein, it is held that it is only directory and not mandatory. The said decision in Salem Advocate Bar Association -vs- Union of India has also been referred to by the Court below.
From Para 5, (Pass an ex-parte order, what are you waiting for?)
Dr.Praveen R Vs Dr.Arpitha K S on 24 Mar 20165. In the instant case, though the petitioner contends that the respondent has not putforth any justifiable reasons seeking such opportunity, what cannot be lost sight is that the instant case is a matrimonial dispute where personal allegations would be made by the parties. If that be so, unless such personal allegations as made are controverted and thereafter evidence is available before the Court below, the Court in any event cannot come to an appropriate conclusion. Therefore, if in that light, when it is seen that the petition filed by the petitioner is for annulment of the marriage under Section 12 of the Hindu Marriage Act, 1955, it is more so that the petition averments would have to be controverted and thereafter a conclusion is to be reached. Therefore, in that circumstance, in any event, the Court below was justified in allowing the application and taking on record the objection statement.
Citations :
Other Sources :
https://indiankanoon.org/doc/135443264/
Index here.
