The Calcutta High Court in the case Surya Chandra Mishra v Mrs. Chitrangana Debnath observed and has dismissed the revision application moved against the orders of the trial court in a matrimonial suit which allowed the wife or respondent adjournments and the opportunities to file her written statement.
The single-bench headed by Justice Shampa Sarkar in the case observed and has ruled that the procedure is handmaid of justice. They are being used as a shield not as a sword. Thus, even if there was no formal application for extension of time to file the written statement, the learned court exercised discretion and has allowed the respondent for filing the written statement. This being the matrimonial suit and an ex parte. Such kind of decision in the matrimonial suit would be unjust. Such kind of decision would not only have a social impact but also a financial and a strong emotional impact.
The petitioner in the plea contended that the trial court could not have passed orders extending the time for filing written statements for the wife, since no formal application for the same had been made by her.
The court while dismissing the contentions made by the petitioner held that justice would only be served if both parties were allowed to contest the suits and participate in the proceedings to the best of their abilities.
The bench in the case observed and has directed the trial court to ensure that a copy of the written statement filed by the wife was served on the husband and that the suit be disposed of within a year of the next date of hearing.
