Courts should avoid strict application of procedure, hyper-technical approach in matrimonial disputes: Punjab and Haryana High Court

The Punjab and Haryana High Court earlier this month, observed that matrimonial disputes affects the society at large thus courts should refrain from adopting hyper-technical view while dealing with such cases [Simrit Gulani vs Anil Gulani]..Single-judge Justice Harkesh Manuja opined that courts should not be strict in applying procedures in matrimonial disputes as they affect everyone in the society."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 bench observed in the order passed on December 5..The judge was hearing a revision petition filed by a woman, whose defence was struck off by a Family Court in Gurgaon and she was disallowed from filing her written statement in the divorce proceedings initiated against her by her husband. By virtue of this order, the Family Court further restrained the wife from filing her written statement in the litigation related to the maintenance and interim custody of her child.This order by the Family Court, the judge said, would cause great prejudice to the wife 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.Therefore, the bench, without issuing any notice to the respondent husband in this case, quashed the Family Court's order and granted effective opportunity to the wife to file her written statements in the matter..Advocate Punit Malik appeared for the Petitioner-Wife..[Read Judgment]