ASWATHI R.PILLAI Vs. ARAVIND K.UNNITHAN

JUDGEMENT

(1.) The appellant is the respondent-wife in O.P.(HMA) No.1087 of 2019 on the file of the Family Court, Pathanamthitta, which was one filed by the respondent herein-husband, seeking a decree of divorce on the ground of cruelty. In that original petition, the appellant was set ex parte and an ex parte decree was also passed on 7/2/2020. Seeking an order to set aside that ex parte decree, the appellant filed R.P.No.8 of 2021 (I.A.No.2 of 2021) on 23/12/2021, which was accompanied by I.A.No.1 of 2021 for condonation of delay of 654 days. The respondent entered appearance and filed counter, opposing the reliefs sought for in those petitions. On the side of the appellant, PWs.1 to 3 were examined and Ext.A1 was marked. On the side of the respondent, RW1 was examined and Exts.B1 and B2 were marked.

(2.) After considering the rival contentions, the Family Court by the order dtd. 19/1/2023 dismissed I.A.No.1 of 2021 on the ground that the appellant has willfully abstained from contesting the original petition for dissolution of marriage for a long period of 2 years. As an afterthought, the appellant filed the petition to set aside the ex parte decree. The appellant's father accepted notice and intimated the same to her. Admittedly, the appellant was having knowledge about the proceedings. Even then she has not taken any steps to contest the matter. Only when the appellant got information about the marriage of the respondent-husband, she filed the petition to set aside the ex parte decree only to harass the respondent. If the petition is allowed, after a long period of delay, without sufficient cause, it will cause prejudice to the respondent. In view of the dismissal of I.A.No.1 of 2021, the application for condonation of delay of 654 days, the Family Court by the order dtd. 19/1/2023 dismissed R.P.No.8 of 2021 (I.A.No.2 of 2021), the application to set aside the ex parte decree in O.P.(HMA) No.1087 of 2019. Feeling aggrieved, the appellant-wife is before this Court in this appeal, invoking the provisions under Sec. 19(1) of the Family Courts Act, 1984.

(3.) On 13/3/2023, when this appeal came up for admission, the respondent-husband entered appearance through counsel and sought time to file vakalat.