EKNATH Vs. ROOPA

JUDGEMENT

(1.) The petitioner -husband has approached this Court calling in question the order passed by the Family Court, Belagavi, in Civil Misc. No. 2 of 2013 dated 12/03/2015 wherein the Family Court has allowed the petition filed under Order IX Rule 13 read with Sec. 151 of the Code of Civil Procedure by setting aside its earlier exparte judgment and decree dated 14/06/2012 passed in M.C. No. 58 of 2012.

(2.) Upon issuance of notice, the respondent has appeared through his counsel.

(3.) Sri. S.S. Yadrami, learned counsel for the petitioner strenuously contends before the Court that in view of Sec. 19 of the Family Courts Act, any order on facts or law passed by the Family Court is appealable and no other provision is made for invoking the provisions under the Code of Civil Procedure under Order IX Rule 13 for restoration of petition already disposed of by the Family Court. He, further, submits that Order IX Rule 13 of the CPC is not applicable in view of Sec. 19 of the Family Courts Act. Consequently, he also contended that after obtaining a decree for divorce, the petitioner has re -married and therefore, when the order has already been accomplished, the question of restoration of the same does not arise for consideration.