SEEMA GUPTA Vs. MANOJ KUMAR

JUDGEMENT

(1.) By this appeal filed under Section 19 of the Family Courts Act, 1984, the appellant seeks to challenge the order dated 12.12.2017, passed by the learned Judge, Family Court, Haridwar in Misc. Case No.13 of 2017 "Smt. Seema Gupta Vs. Manoj Kumar", whereby, the application filed by the appellant, under Order 9 Rule 13 of the Code of Civil Procedure, 1908 to seek setting aside of the exparte Judgment and Decree dated 08.11.2016, passed by the learned Judge, Family Court, Haridwar in Original Suit No.529 of 2014 "Manoj Kumar Vs. Smt. Seema Gupta", is dismissed.

(2.) Brief facts of the case are that the parties were married to each other on 10.02.2003 and out of this wedlock a son was born, now aged about 16 years and is residing with his mother. Disputes between the parties arose and the husband filed a petition for dissolution of marriage by a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. In the said petition, the wife/appellant appeared on 07.10.2015 but after that she did not appear in that case. Therefore, an ex-parte proceeding was drawn against her. The husband filed his own affidavit in the ex-parte evidence. After hearing the arguments of the husband, the ex-parte judgment and decree was passed on 08.11.2016. In order to setting aside the said ex-parte judgment and decree, an application was moved by the appellant, which was dismissed on 12.12.2017. Hence, this appeal.

(3.) Heard Mr. Rajat Mittal, learned counsel for the appellant and Mr. Bhuvnesh Joshi, learned counsel for the respondent.