R. RAVIKUMAR Vs. K. RENUKA DEVI

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 14.03.2013 made in I.A.No.75 of 2011 in H.M.O.P.No.2 of 2009 on the file of the Subordinate Court, Mannargudi.

(2.) The petitioner/husband filed H.M.O.P.No.2 of 2009 against the respondent/wife for divorce on the ground of cruelty. The respondent filed counter statement on 22.04.2009 and was contesting H.M.O.P. Trial commenced. The petitioner filed proof affidavit and H.M.O.P was posted for cross-examination by counsel for respondent. On the day of cross-examination, the respondent did not appear and H.M.O.P was adjourned by three hearings. The respondent did not appear on all the hearings. She was set exparte and exparte decree was passed on 21.07.2010. The respondent filed I.A.No.75 of 2011 to condone the delay of 459 days in filing the petition to set aside the exparte decree. According to the respondent, on 21.07.2010, the respondent was suffering from viral fever and therefore, she could not contact her Advocate to give instructions to cross-examine P.W.1. The delay in filing the petition is neither wilful nor wanton.

(3.) The petitioner filed counter affidavit and contended that the respondent has not given any reason for the huge delay of 459 days and the reason given by the respondent for non-appearance on 21.07.2010 is only an after thought. The respondent has not produced any document to show that she suffered from viral fever on 21.07.2010.