POORNIMA Vs. B. P. HARISH

JUDGEMENT

(1.) The appellant in this appeal who is the wife in Misc. No.1/2018 on the file of V Additional Principal Judge, Family Court, Bengaluru is assailing the order dtd. 6/7/2018. Wherein the Family Court has rejected her petition under Order IX Rule 13 of Code of Civil Procedure (hereinafter referred to as 'CPC' for short). The said petition was filed to set aside the exparte decree dtd. 26/4/2017 passed in M.C.No.4156/2016 on the file of V Additional Principal Judge, Family Court, Bengaluru. In terms of the aforementioned judgment, the Family Court had granted a decree for dissolution of marriage on the ground of cruelty alleged by the husband against the wife and consequently marriage dtd. 26/11/2011 was dissolved.

(2.) It is the case of the wife that the decree passed in M.C.No.4156/2016 is an exparte decree and though the appellant/wife entrusted the matter to an advocate to represent her, the advocate did not represent her in the aforesaid proceeding and she came to know about the decree only in the month of October 2017 and she realized only after going through the papers that she is placed exparte and there was no representation on her behalf. It is also the contention that she carried a bonafide impression that her advocate was representing her and she was waiting for his call to respond to the case which is initiated by the husband. It is because of the non-appearance on the part of the advocate, the decree is passed against appellant/wife without there being a contest.

(3.) In her petition she has taken a stand that she came to know about the decree only in the month of October, 2017 and she applied for the copies of the judgment through an advocate by name Pradeep. It is stated that was suffering from diarrhea and dehydration and immediately she could not contact the advocate in Bengaluru to file an appeal. Thereafter, it is stated that Christmas vacation started on 18/12/2017 and the petition is filed on 28/12/2017 to set aside the exparte decree passed against her.