MAHIMA SHARMA Vs. GAURAV TYAGI

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant against the order dtd. 10/2/2022 passed by the learned Additional Principal Judge, Family Court, Bilaspur in Civil MJC No.79/2017, whereby the application filed under Order 9 Rule 13 of CPC for setting aside the order dtd. 7/11/2017 passed under Ss. 11 & 12 of the Hindu Marriage Act, 1955 in Civil Suit No.210-A/2017 in between Gaurav Tyagi vs Mahima Sharma, was dismissed.

(2.) The short question which falls for consideration before this Court is as to whether the dismissal of application filed under Order 9 Rule 13 of CPC was justified or not?

(3.) In order to explore the facts, the records of Civil Suit No.210-A/2017 as also Civil MJC No.79/2017 were called for. Since the germane of the issue arises from the ex parte proceeding and the decree, therefore, it leads us to lay hands to the main civil suit, in which the initial ex parte proceeding was drawn and decree of divorce was passed.