Matrimonial Proceedings--Written Statement--Party in Default of Court's Direction Cannot Claim Benefit of Opponent's Consequential Delay
A party in matrimonial proceedings cannot seek to strike off the opponent's defence where that party's own non-compliance caused the delay. The principle underlying Section 23 of the Hindu Marriage Act — that no party shall take advantage of its own wrong — extends beyond final adjudication and governs the conduct of parties throughout proceedings. Courts retain discretion to condone delay even without a formal application where the facts so warrant, as affirmed in Sesh Nath Singh v. Baidyabati Sheoraphuli Coop. Bank Ltd. (2021).
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