RAJENDRA SINGH Vs. USHA

JUDGEMENT

(1.) The appellant in the present appeal, by invoking Section 19 of the Family Court has challenged the order, dated 16.10.2016. By virtue of the order impugned, passed by the learned Family Court in Miscellaneous Case No. 53 of 2012, arising out of the principal suit being Suit No. 295 of 2012 Rajendra Singh v. Usha, whereby the learned Family Court has allowed the Section 5 application and the exparte decree, dated 18.08.2012 has been set aside.

(2.) The appellant had initiated the proceedings under Section 13 of the Hindu Marriage Act, 1955 praying for dissolution of marriage. The said suit was decreed by the learned Family Court in an exparte manner vide its judgment, dated 18.08.2012. According to the appellant to the application under Section 5 along with Order 9, Rule 13, the basis of the said application was that since, she is residing for the last number of months along with the opposite party at 15, Rajeev Nagar, P.S. Doiwala, District Dehradun, along with their daughter Kumari Rashi. She could not get knowledge of the exparte decree, nor any information was given by appellant.

(3.) Owing to the fact that the mother of the opposite party had fallen ill, therefore on 15.06.2012, the appellant had to go to Meerut to take care of the mother and to know about her well being. When she returned on 01.07.2012, on the address given above. Even thereafter, both the parties to the suit resided together in the same house. Not even this they were residing together, they, during this period discharged their matrimonial obligations and had established physical relationship amongst themselves.