POONAM SHARMA Vs. NIPUL SHARMA

JUDGEMENT

(1.) Order dated 03.01.2015 passed by the Family Court, is subject matter of the challenge, in this appeal. An application under Order IX Rule 13 of the Code of Civil Procedure read with Section 15 of Code of Civil Procedure filed by the appellant herein seeking recall of the ex-parte decree of divorce dated 13.01.2014, was dismissed for non prosecution. The order dated 03.01.2015 suggests that the attitude of the appellant herein was defiant and the appellant had chosen not to appear despite the directions of the Family Court.

(2.) Learned counsel for the appellant has explained that the words if spoken in court were primarily for the reason that the appellant was distressed as she was looking after her girl child who was sick and with no resources. Learned counsel for the appellant on instructions submits that the appellant would appear before the Family Court and follow the directions so passed.

(3.) Before the predecessor of this Court, the counsel for the appellant had sought to explain that the counsel had not stated "the Court may pass any order including dismissal of the application, but the applicant would not appear." In those circumstances, the appellant was directed to move an appropriate application before the concerned Family Court. This is reflected in the order dated 20.04.2015.