CR No.5470/2011(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.5470/2011(O&M) Date of decision: 07.09.2011. Seema ....................Petitioner v. Pankaj Arora .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Vipin Mahajan,Advocate for the petitioner. Jaswant Singh.J.(Oral) Petitioner-Seema, whose husband/respondent -Pankaj Arora, filed a petition under Section 13(1) (i-a) of the Hindu Marriage Act for grant of decree of divorce on the ground of cruelty, has approached this Court under Article 227 of the Constitution assailing the order dated 11.8.2011 (P3) whereby her defence has been struck off for not filing the written statement within the stipulated time. Learned counsel for the petitioner submits that soon after the appearance of the petitioner in the divorce proceedings, the parties were engaged in reconciliation process undertaken by the Court and thus the delay in the filing of the written statement is bona fide and unintentional. It is thus prayed for grant of opportunity to file written statement since the provisions of Order 8 Rule 1 CPC have been consistently held to be directory and not mandatory in nature. After hearing the learned counsel for the petitioner and keeping in view the facts of the present case, this court is of the CR No.5470/2011(O&M) 2 considered opinion that due to engagement in reconciliation process the petitioner had sufficient cause for not filing the written statement as the same would have interfered in the settlement of the matrimonial dispute. It also cannot be disputed that Hon'ble the Supreme Court has settled the issue that the written statement can be permitted to be filed beyond the stipulated time in view of provisions of Order 8 Rule 1 CPC having been interpreted to be directory and not mandatory in nature. Resultantly, I find that it is a fit case for interference in exercise of jurisdiction of this Court under Article 227 of the Constitution. Accordingly, the present revision petition is allowed, impugned order dated 11.8.2011 (P3) is set aside and the petitioner is granted opportunity to file written statement within two weeks from today subject to payment of costs of Rs.500/- payable to the respondent husband. This order is being passed without issuing notice to respondent-husband as it would cause unnecessary delay in the disposal of the case and put financial burden upon him. Moreover, the respondent is being compensated by way of payment of costs. Disposed of. 07.09.2011 (Jaswant Singh) joshi Judge