V NALINI Vs. M. SASTRI

JUDGEMENT

(1.) This civil revision petition is by the respondent/wife, whose application for condonation of delay of 979 days in seeking to set aside the exparte decree passed in H.M.O.P.No. 4606 of 2010 was dismissed by the Family Court.

(2.) The main petition namely, the petition for divorce was launched under Sectiom 13 (1)(i)(a) of the Hindu Marriage Act by the husband seeking divorce. An exparte decree came to be passed on 08.02.2012. There were proceedings against the husband under the Domestic Violence Act and for maintenance in M.C.No. 8 of 2011 on the file of the Judicial Magistrate, Thivaiyaru. An interim order of maintenance came to be passed in M.C.No. 8 of 2011 on 13.01.2015.

(3.) The petitioner/wife filed an instant application in I.A.No. 928 of 2016 seeking condonation of delay claiming that she was not properly served in the HMOP and that she came to know about the exparte decree for divorce only just prior to the filing of the instant application in October 2014. The said application was opposed by the husband contending that there was proper service on her and she has not shown sufficient cause for condonation of delay. Since there was a serious dispute regarding the manner and the date on which she was served in the HMOP, I have called for the records from the Family Court.