LAWS(UTN)-2021-11-54

YOGESH SINGH Vs. SANGEETA CHAUHAN

Decided On November 09, 2021
Yogesh Singh Appellant
V/S
Sangeeta Chauhan Respondents

JUDGEMENT

(1.) The appellant has challenged the legality of the order, dtd. 19/12/2020, passed by the learned Family Court, Haridwar, whereby the learned Family Court has dismissed the appellant's application for restoring the divorce suit.

(2.) Briefly, the facts of the case are that on 17/9/2015, the appellant-husband, Mr. Yogesh Singh, had filed a divorce suit under Sec. 13 of the Hindu Marriage Act against the respondent-wife, Ms. Sangeeta Chauhan. By order dtd. 18/9/2018, the issues were framed by the learned Family Court. On 18/9/2017, the appellant had submitted his affidavit which was treated as examination-in-chief. Therefore, he was directed to appear for cross-examination on 6/10/2017. However, the appellant did not appear for cross-examination on two occasions, namely on 19/1/2018 and 24/4/2018. On 30/5/2018, the matter was adjourned for 13/7/2018. On 13/7/2018, since the appellant did not appear before the Court, the learned Family Court dismissed the case for non-prosecution.

(3.) Aggrieved by the said order dtd. 13/7/2018, initially, the appellant filed an appeal before this Court. However, by order dtd. 3/12/2020, a learned Coordinate Bench directed the appellant to file a restoration application before the learned Family Court. Consequently, the said application was filed. However, by the impugned order dtd. 19/12/2020, the said application has been dismissed by the learned Family Court. Hence, this appeal against the order dtd. 19/12/2020.