GAUSALYA Vs. HEMANAND

JUDGEMENT

(1.) The Appeal has been filed under Sec. 19 of the Family Courts Act, 1984 against the fair and final order order dtd. 1/3/2017 in FCOP No.471 of 2013, on the file of the Family Court, Salem, by the respondent therein/wife.

(2.) FCOP No.471 of 2013 had been filed by the respondent herein/husband seeking dissolution of the marriage which had been solemnised between him and the appellant herein on 28/10/2012 under Sec. 13 (1) (i-a) of the Hindu Marriage Act, 1955, in short on the ground of cruelty.

(3.) Unfortunately, the said proceedings did not have a smooth passage. It must also be noted that quite independent of these proceedings, the appellant herein had also filed FCOP No.198 of 2015 seeking restitution of conjugal rights. Both FCOP Nos.471 of 2013 and 198 of 2015 were disposed of by the Family Court, Salem, by a common judgment dtd. 1/3/2017. It must however be further noted that the appellant herein had been set ex-parte in FCOP No.471 of 2013 and therefore, though the learned Trial Judge had written quite an extensive judgment, it had been done so without reference to any of the defences taken by the appellant. It is to be further noted that the appellant herein had actually filed a counter affidavit but had not tendered evidence. The learned Trial Judge had set her ex-parte and on the basis of the available records, granted dissolution of marriage in FCOP No.471 of 2013 and dismissed her petition in FCOP No.198 of 2015 seeking restitution of conjugal rights. Questioning the said judgment in FCOP No.471 of 2013, though it could be termed as an ex-parte judgment, the present appeal had been filed.