VIJAYALAKSHMI Vs. D.R. MANI

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order passed in I.A.No. 1173 of 2012 in GWOP No. 552 of 2011 by the Family Court, Coimbatore.

(2.) THE petitioner is the respondent in GWOP No. 552 of 2011 filed by the respondent seeking his appointment as natural guardian of the minor children. Due to absence of the petitioner, an exparte decree was passed in favour of the respondent on 10.05.2012. Thereafter, the petitioner filed an application in I.A.No. 1173 of 2012 for condoning the delay of 20 days in filing the application to set aside the exparte decree. The application was resisted by the respondent by filing a counter. The learned Family Court Judge dismissed the same. Aggrieved by the order, the present revision has been filed.

(3.) PER contra, the learned counsel for the respondent submitted that the petitioner was not only absent for the hearing on 10.05.2012, but for the previous hearings from December 2011 onwards, she was continuously absent and there is no explanation from her. The learned counsel further submitted that the respondent had paid Rs. 50 lakhs to the petitioner as permanent alimony and on that basis, a decree of divorce was also granted in HMOP No. 687 of 2011 and as per the memorandum of understanding dated 28.06.2011, the petitioner had agreed to give custody of the minor children to the respondent but through the forged memorandum of understanding dated 26.08.2011, she claims custody of the minor children. The learned counsel further submitted that the petitioner has now shown sufficient cause for condoning the delay and that even if the delay is condoned, no useful purpose would be served. The contention of the counsel for the respondent is that the order passed in GWOP No. 552 of 2011 is interlocutory in nature and the petitioner, instead of seeking to set aside the order passed in GWOP No. 552 of 2011. She can very well file a separate original petition seeking custody of the minor children.