NISHA SUSAN GEORGE Vs. ALEXANDER VADEKKEDAM

JUDGEMENT

(1.) The petitioner, Nisha Susan George, and her husband Alexander Vadakkedam filed O.P.(DA) No.1065 of 2008 under Section 10A of the Divorce Act before the Family Court, Thiruvananthapuram, on 4.10.2008. The Family Court posted the petition to 6.4.2009, since a waiting period of six months is required under Section 10A of the Divorce Act. On 6.4.2009, both parties were present. On that day, counseling was also done. The case was adjourned to 28.5.2009. On that day, the wife was present, but the husband was absent. A representation was made on his behalf and the case was adjourned to 11.6.2009. On 11.6.2009, the evidence of the husband and the wife were recorded and the case was adjourned to 18.9.2009. The Family Court dismissed the Original Petition for default on 18.6.2009 on the ground that the parties were absent.

(2.) The wife filed I.A.Nos.1360 of 2011 and 1361 of 2011 in the Original Petition before the Family Court for restoration of the Original Petition dismissed for default and to condone the delay of 666 days in filing the application for restoration. The Family Court dismissed those applications by the order dated 21.2.2012, which is under challenge in this O.P.(F.C.).

(3.) According to the petitioner, after recording evidence, the case was posted for judgment. On that day, the parties were absent and the court dismissed the case for default. The petitioner also contends that all the formalities had been complied with and there was no justification for dismissing the case for default.