S. SURESH Vs. A. MAHALAKSHMI

JUDGEMENT

(1.) The instant civil revision petition has been filed challenging the order dated 17.09.2014 passed by the learned Subordinate Judge, Dharmapuri in I.A. N. 23 of 2009 in HMOP. No. 32 of 2005. Brief facts leading to the filing of the instant revision under Section 115 of the code of civil procedure:

(2.) The petitioner filed HMOP. No. 32 of 2005 against the respondent seeking for divorce before the Sub Court, Dharmapuri. The respondent remained ex parte in HMOP. No. 32 of 2005 and an ex parte divorce decree dated 22.03.2006 came to be passed in favour of the petitioner. Thereafter, the respondent filed I.A. No. 23 of 2009 in HMOP. No. 32 of 2005 seeking to condone the delay of 879 days in filing an application to set aside the ex parte divorce decree dated 22.03.2006. The reasons given in the affidavit filed in support of I.A. No. 23 of 2009 by the respondent is that she was suffering from chikungunya on the date of hearing of HMOP. No. 32 of 2005. i.e., on 22.03.2006.

(3.) A counter affidavit was also filed by the petitioner in I.A. No. 23 of 2009 denying the allegations contained in the affidavit filed in support of I.A. No. 23 of 2009. In the counter affidavit, he has specifically stated that subsequent to the passing of the ex parte divorce decree dated 22.03.2006, he got re-married on 06.12.2006 and through his re-marriage, he is having two children. In the counter affidavit, he has also stated that the respondent is also aware of the remarriage of the petitioner as evidenced from the criminal proceedings initiated by the respondent against the petitioner in C.C. No. 116 of 2005 pending before the learned Judicial Magistrate, Palakode.