MOUSAMI MOHANTY Vs. SAUMITRA MOHANTY

JUDGEMENT

(1.) THE instant First Appeal (M) is directed against the order dated 7-12-2007 passed in M. C. P. No. 8/2007 whereby learned 1st Additional Principal Judge, Family Court Raipur, has rejected the application of the appellant under Order 9 rule 13 of the CPC for setting aside ex-parte decree dated 15-2-2007 passed in civil suit No. 10-A/07.

(2.) UNCONTROVERTED facts of the case are that the respondent/husband filed an application under Section 13 of the Hindu Marriage Act for decree of divorce on the ground of cruelty. Appellant appeared before the Family Court and filed her written statement. Subsequently, she approached the hon'ble Supreme Court for transferring the matter from Family court, Raipur to appropriate Court at Jehanabad, Bihar on the ground that she is the resident of Giridih (Jharkhand) which is situated at a distance of 1500 km and, therefore, she is not able to contest the divorce petition at Raipur. The hon'ble Supreme Court vide order dated 25-1-2007 (Annexure-A/1) issued notice to the respondent and stayed the proceedings before the trial Court until further orders. However, learned Family Court vide order dated 15th February, 2007 passed an ex-parte decree of divorce in favour of the respondent and annulled their marriage dated 13th July, 2005 by a decree of dissolution of marriage.

(3.) THE appellant herein applied for setting aside the above ex-parte decree vide her application dated 27-8-2007 with averments that she had communicated the trial Court about filing of transfer of petition vide registered letter dated 28-11-2006 and also communicated the stay order dated 25-1-2007 vide her registered letter dated 12-2-2007. She did not attend the proceedings bonafidely believing that the proceedings have been stayed. She learnt about ex-parte decree on 16-8-2007 and thereafter filed the above application for setting aside ex-parte decree along with application for condonation of delay in filing the application.