ABHIJEET ROY Vs. SWAPNA SARKAR

JUDGEMENT

(1.) This appeal is preferred against an order dtd. 8/5/2018 passed by Judge, Family Court, Camp Court, Katghora, District Korba in Misc. Civil Case No. 01/2017 whereby application under Order 9, Rule 13 of the Code of Civil Procedure (henceforth "CPC") alongwith application under Sec. 5 of the Limitation Act was dismissed.

(2.) Factual matrix of the case, in brief, are that marriage between the parties was solemnized on 22/4/2014 as per Hindu rites and rituals, but their marriage did not go well, hence, respondent / wife (henceforth 'wife') filed an application under Sec. 13 of the Hindu Marriage Act, 1955 (henceforth "Act, 1955") for granting decree of divorce against the appellant/husband (henceforth "Husband") on 8/4/2016, which was registered as Civil Suit No. 92-A/2016 in the Family Court, Camp Court - Katghora, District Korba, in which, despite service of notice, husband did not make his presence before the family Court, hence, the Family Court proceeded ex parte against him in the case on 9/9/2016 and after taking evidence of wife, vide judgment and decree dtd. 9/12/2016, granted ex parte decree of divorce against the husband.

(3.) On 4/7/2017, husband filed an application under Order 9, Rule 13 of the CPC along with application under Sec. 5 of the Limitation Act, which was registered as Misc. Civil Case No. 01/2017, stating therein that in Civil Suit No. 92-A/2016, the notice or summons was never served upon him and despite knowing the fact very well that husband did not reside at Bilaspur, rather he resided at Bangluru/ Mumbai, wife without providing his the then present address to the Court got ex parte decree against him, hence, ex parte judgment and decree dtd. 9/12/2016 was sought to be set aside by allowing his aforesaid application and restoring the Civil Suit in its original number, so that opportunity of hearing may be afforded to him.