G.BHASKARAN Vs. B.JAYACHITRA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 28.05.2013 made in I.A.No.1365 of 2011 in H.M.O.P. No.1025 of 2010 on the file of the Family Court, Coimbatore.

(2.) The petitioner is husband and respondent is the wife in H.M.O.P. No.1025 of 2010 on the file of the Family Court, Coimbatore. The respondent filed the said H.M.O.P for divorce. The petitioner did not appear on 11.04.2011 and was set exparte and exparte decree was passed on 06.05.2011. The petitioner filed I.A. No.1365 of 2011 under Sec. 5 of Limitation Act to condone the delay of 32 days in filing a petition to set aside the exparte decree. According to the petitioner, he was suffering from illness for the past two months and could not contact his Advocate.

(3.) The respondent filed counter affidavit and submitted that the petitioner has not given any reason for not appearing on 11.04.2011, when he was set exparte. The petitioner filed the present petition only on 07.07.2011. He has not engaged any Advocate and reason given by him that due to the illness, he could not contact his Advocate is not correct and valid reason to condone the delay. After expiry period of appeal, the respondent got married again on 08.08.2011 and the same was registered on 16.08.2011 on the file of Sub Registrar Office, Pollachi.