SMT.RENUKA SINGH Vs. SHAILESH SINGH

JUDGEMENT

(1.) Present is an appeal under Section 19 (1) of the Family Courts Act, 1984 (for short 'the Act, 1984') to question the legality and validity of order passed by the Family Court rejecting the application of the appellant/wife under Order 9, Rule 13 of the Code of Civil Procedure, 1908 (for short 'the CPC') for setting aside the ex parte decree of divorce.

(2.) The parties were married at Bhilai on 14-2-2009. On account of dispute between them the appellant started residing separately at Bhilai only, on and from 19-10-2009. The respondent/husband moved an application under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') on 16-8-2011 for grant of decree of divorce on the ground of cruelty as well as desertion. The suit was decreed ex parte on 7-4-2012.

(3.) On 18-4-2016 the appellant moved an application before the Mahila Thana, Durg, alleging commission of cruelty by the respondent and his relatives. On being noticed by the Mahila Thana, Durg, one Rajendra Prasad Singh, brother of second wife of the respondent, appeared on behalf of the husband before the police station and shown to the appellant a copy of the ex parte decree of divorce. The appellant, thereafter, applied for certified copy of the ex parte order on 12-9-2016 and received copy of the same on 21-9-2016 and thereafter, the application under Order 9 Rule 13 of the CPC was moved on 22-9-2016.