SAMPATH Vs. THAMIZHSELVI

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 01.10.2009 made in I.A.No.72 of 2007 in H.M.O.P.No.44 of 2006 on the file of the Principal Sub Court, Villupuram.

(2.) The petitioner is husband and respondent is wife in H.M.O.P.No.44 of 2006 on the file of the Principal Sub Court, Villupuram. The petitioner filed the said H.M.O.P against the respondent for dissolution of marriage conducted between the petitioner and respondent on 15.09.1977 on the ground of cruelty. After receipt of notice, the respondent did not appear and contest the H.M.O.P. An exparte decree of divorce was granted on 11.12.2006. The respondent filed I.A.No.72 of 2007 under Section 5 of the Limitation Act to condone the delay of 80 days in filing the application to set aside the exparte order dated 11.12.2006. According to the respondent, on receiving the notice in H.M.O.P, she was mentally affected and fell ill with fever and affected by jaundice and was taking native treatment in her village. The respondent was advised by the doctor not to go in the sun light for 3 or 4 months and therefore, she could not contact Advocate and conduct the case.

(3.) The petitioner filed counter affidavit and denied all the allegations made by the respondent and submitted that the respondent has not given any details as to from when she suffered out of fever and Jaundice and denied other allegations. The petitioner contended that after the period of appeal, he got married to one Dhanalakshmi @ Dhanam on 28.03.2007 at Arulmigu Sengazhuneeramman Temple at Pondicherry. Only after knowing the petitioner's marriage with said Dhanam, the respondent has come out with the present application to harass the petitioner.