S.B. CIVIL WRIT PETITION NO.692/2009 Kalu Vs. Smt. Durga. Date of order : 27th July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mrs. Pramila Acharya for the petitioner. ------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 8.7.2008 whereby the learned trial court while dealing with the application under Section 13 of the Hindu Marriage Act filed for divorce against the present petitioner-husband closed the written statement filed by him. The learned trial court was of the opinion that despite lapse of prescribed time and grant of several opportunities the Advocate concerned appearing for the respondent-husband did not attend the proceedings and, therefore, there was no justifiable reason to grant further time to file written statement and thus, the Court proceeded ex-parte. 3. Having heard learned counsel and in the facts and circumstances of the case and in the interest of justice, the written statement filed by the petitioner-husband is directed to be taken on record subject to payment of cost of Rs.2,000/-. 4. The writ petition is accordingly disposed of. A copy of this judgment be sent to opposite party as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.2 babulal/