CHITRA Vs. K.SARAVANAN

JUDGEMENT

(1.) This civil revision petition is filed against the order made in I.A.No.222 of 2008 in H.M.O.P. No.93 of 2004 on the file of Principal Sub Court, Villupuram wherein and whereby the application filed by the petitioner herein under Section 5 of the Limitation Act, seeking to condone the delay of 1382 days in filing a petition to set aside the exparte decree of restitution of conjugal rights, was rejected.

(2.) The petitioner is the wife and the respondent is the husband. It is seen from the materials placed before this Court by both sides that the respondent herein filed H.M.O.P. No.93 of 2004 under Section 9 of the Hindu Marriage Act seeking for a decree of restitution of conjugal rights against the petitioner herein. On 02.02.2005, an exparte decree came to be passed in the said petition. As the petitioner herein did not comply with the decree granted for restitution of conjugal rights, the respondent/husband subsequently filed H.M.O.P. No.45 of 2006, seeking for divorce. The said petition for divorce, after contest, was decreed on 23.12.2008. Before the grant of such decree, the petitioner herein filed I.A.No.222 of 2008 in H.M.O.P.No.93 of 2004 on 14.12.2008 under section 5 of the Limitation Act, seeking to condone the delay of 1382 days in filing the set aside petition. The court below has rejected the said application by observing that no sufficient cause is shown by the petitioner for condoning the delay of 1382 days. Aggrieved against the same, the present civil revision petition is filed.

(3.) Heard the learned counsel appearing for the petitioner as well as the respondent.