JUDGMENT 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. 3. I have heard rival submissions and carefully scanned the material on record. 4. 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. 5. Section 10 of the Family Courts Act, 1984 provides thus: 10. Procedure generally,--(1) Subject to the other provisions of this Act and the Rules, the provision of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings (other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a Civil Court and shall have all the powers of such Court. (2) Subject to the other provisions of this Act and the Rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) or the rules made there under, shall apply to the proceedings under Chapter IX of that Code before a Family Court. (3) Nothing in Sub-section (1) or Sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other. 6. A look at Sub-section 3 of Section 10 goes to show that the Family Court can lay down its own procedure with a view to arrive at a settlement in respect of the subject matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other. Evidently the provisions contained in Order 8 Rule 1 Civil Procedure Code may be liberalised by the Family Court in view of Sub-section 3 of Section 10 of the Family Courts Acts. 7. In the instant case although ninety days expired from the date of service of notice on petitioner, but in the interest of justice one opportunity ought to have been provided to the petitioner for filing the written statement. In view of the fact that the advocates are not permitted to appear before the Family Court, the Judge of Family Court is duty bound to assist the parties and not to view the matter technically. 8. As a result of above discussion, I allow the writ petition and set aside the impugned order dated 7.12.2002. In the interest of justice, I provide one opportunity to the petitioner to file written statement and the same shall be filed on 15.9.2003. On the said day both the parties shall appear before the Family Court No. 1, Jaipur City, Jaipur for seeking further instruction. The Family Court is directed to dispose of the matter as expeditiously as possible. No costs.Writ Petition Allowed. *******