ROZY vs SANJEEV BAJAJ

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 05th May, 2025 + CM(M) 824/2025 & CM APPL. 26911-26912/2025 ROZY .....Petitioner Through: Mr. Sumit Kumar Khatri, Adv. versus SANJEEV BAJAJ .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a divorce petition filed by her husband who seeks divorce on the ground of cruelty. 2. The wife was duly served with copy of divorce petition but despite being served, she did not choose to file any written statement/reply and noticing her such conduct, the learned Judge, Family Court, has closed her opportunity to file any reply and her defence has also been struck off. 3. Such order dated 10.09.2024 is under challenge. 4. Copy of said order also contains remark of the concerned ministerial staff, who on the same day itself i.e. on 10.09.2024, mentioned in hand that the written statement along with application under Section 24 of Hindu Marriage Act, 1955 (‘hereinafter referred to as Act’) had also been filed. 5. It is submitted that there is no consideration or decision, even with respect to her application moved under Section 24 of the Act. It is submitted that on various subsequent dates, the learned Presiding Officer was on leave and since petitioner/wife herein is not fully literate and has studied up to only Signature Not Verified Digitally Signed CM(M) 824/2025 1 By:SONIA THAPLIYAL Signing Date:05.05.2025 18:57:41 8th standard, she could not make herself very clear before the learnerd Trial Court though fact remains that she kept on appearing before the Court on all such subsequent dates either herself or through her counsel. 6. When asked, it was informed that the petitioner/wife never moved any application seeking recall of the abovesaid ord