SHIV KUMAR SHARMA,J. - (1.)LOOKING to the short controversy in the matter I propose to dispose of this writ petition finally at the stage of admission.
(2.)IT appears that the respondent husband instituted the petition seeking divorce against the petitioner in the Family Court No. 1. Jaipur City, Jaipur. After service of notice the petitioner appeared before the learned Family Court on 16.10.2002 and expressed that she did not receive the copy of the petition. A copy of the petition was made available to her and the case was adjourned for filing written statement and conciliation between the parties on 6.12.2002. On 6.12.2002 being holiday the case was taken upon 7.12.2002. On that day an application was filed on behalf of the petitioner seeking exemption from her appearance, learned Family Court rejected the application and proceeded ex -parte and the opportunity of filing written statement was denied. The petitioner in the instant writ petition has assailed the order dated 7.12.2002.
I have heard rival submissions and carefully scanned the material on record.

(3.)ORDER 8 Rule 1 of the Code of Civil Procedure provides that the defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence. Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.