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(2026) Law Today Live Doc. Id. 20944 = 2026:PHHC:042188
Decided on: 18.03.2026
Present:
Mr. Ashish Tewatia, Advocate for the petitioner.
Striking off the defence -- Striking off the defence in a Section 144 BNSS maintenance petition is hasty and unjustified, as only two effective opportunities were granted without a last opportunity warning, necessitating a trial on merits
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 144 – Maintenance -- Striking off defence -- Procedure -- Opportunity to file reply -- Family Court hastily strike off the defence after only two effective opportunities -- Previous order did not warn the petitioner that it was a last opportunity to file reply -- Interest of justice requires adjudication on merits -- Petitioner permitted to file a reply subject to a cost of Rs.5,000/-.
(Para 2-4)
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SHALINI SINGH NAGPAL, J. (ORAL) –
1. Petitioner assails order dated 12.01.2026 of learned Additional Principal Judge, Family Court, Gurugram vide which defence of the petitioner (respondent before the Family Court) was struck off for not filing reply to the petition under Section 144 BNSS.
2. Learned counsel for the petitioner submits that a petition under Section 144 BNSS was filed by respondents against the petitioner on 27.02.2025. The petitioner, who was respondent before the Family Court, put in appearance on 09.07.2025 and the case was adjourned to 14.10.2025 for filing reply as well as power of attorney. On 14.10.2025, reply could not be filed and the case was adjourned to 12.01.2026. On 12.01.2026, reply could not be filed as there were talks of settlement going on between the parties. Learned Family Court struck off defence of the petitioner and adjourned the case for arguments on the application of interim maintenance. It is submitted that reply to the petition was ready and was on record as Annexure P-6. The only prayer of the petitioner is to permit him to file reply to the petition by setting aside the order.
3. Record speaks that after the petitioner put in appearance before learned Additional Principal Judge, Family Court, Gurugram, on 09.07.2025 in response to the summons issued in the petition under Section 144 BNSS, he was afforded only two effective opportunities to file reply i.e. on 14.10.2025 and 12.01.2026. Order dated 14.10.2025 did not warn the petitioner that it was the last opportunity to file reply on 12.01.2026. On 12.01.2026, learned Family Court hastily struck off defence of the petitioner. Interest of justice requires adjudication on merits of the case and one opportunity must be afforded to the petitioner to defend his case on merits.
4. Therefore, impugned order dated 12.01.2026 is ordered to be set aside. Petitioner is permitted to contest the petition and to file reply to the petition under Section 144 BNSS subject to payment of Rs.5,000/- as cost, which shall be paid to the respondent No. 1-wife on the next date of hearing.
5. This order is being passed without issuing notice to respondents in order to save them from litigation expenses.
6. Petition stands disposed of on the aforesaid terms.
7. Pending miscellaneous applications, if any, stand disposed of.
Order accordingly.
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