SHYAMJI MEHROTRA Vs. SHIPRA MEHROTRA

JUDGEMENT

(1.) Allowed, subject to all just exceptions. Application is disposed of.

(2.) The present petition challenges the order dated 7 th August, 2019 by which the objections on behalf of the Petitioner filed under Section 47 CPC have been rejected with the following observations:

(3.) Smt. Shipra Mehrotra Respondent herein, had filed a petition against her husband Shri Shyamji Mehrotra i.e. Petitioner herein under Section 13/27 of the Hindu Marriage Act, 1955 (hereinafter "HMA"). The prayer in the said petition was for dissolution of the marriage under Section 13 of the HMA and for return of the articles and money mentioned in the list attached to the said petition. The said petition was filed before the Additional Family Judge, Allahabad, who vide final order judgment/decree dated 18th March, 2006 passed a decree of divorce/dissolution of marriage. Furthermore, the Petitioner herein was directed to return all the demanded stridhan within one month from the said date. The said decree was transferred for execution to the Family Court in Delhi. Notice was issued to the husband - Petitioner herein. Objections were filed under Section 47 CPC. The said objections were signed by his sister, Ms. Geeta Mehrotra, ld. Counsel, as an advocate for her brother. The affidavit supporting the objections was also filed by Ms. Geeta Mehrotra, ld. Counsel. The ld. Trial Court considered the objections and passed the above impugned order dismissing the same on the ground that the Petitioner had neither signed the objections nor filed an affidavit in support thereof.