BHUSHAN LAL DEWAGAN Vs. NIDHI DEWAGAN

JUDGEMENT

(1.) This is an appeal by the father against rejection of his application under Order IX, Rule 13, CPC for setting aside the ex parte order dated 27.02.2015 passed by the Family Court, Dhamtari along with the respondent's application for grant of marriage expenses.

(2.) Indisputably, the appellant is working as Class - 1 Gazetted Officer in the capacity of Sub Divisional Officer, Office of Development Commissioner, Chhattisgarh Rural Road Development Agency, Raipur and that his marriage with the respondent's mother was solemnized more than 20 years back, out of which respondent Nidhi Dewagan was born on 10.10.1988. It is also not in dispute that during the respondent's childhood, the appellant and his wife divorced, therefore, the respondent was brought up by her mother, who works as a teacher in the School Education Department.

(3.) The respondent moved an application under Section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956 seeking expenses of Rs. 5 Lakhs for her marriage. In the said proceeding, the appellant appeared and contested the application by submitting his reply as also affidavit under Order XVIII, Rule 4, CPC of himself and one of his witness, however, at the stage of cross objection of the respondent Nidhi Dewangan's witness, he remained absent, therefore, the Family Court proceeded ex parte on 23.02.2015. In the final order passed on 27.02.2015, the Family Court considered all the relevant aspects of the matter and decided to direct the appellant to pay an amount of Rs. 3 Lakhs for the marriage expenses of the respondent.