GEETA RANI Vs. MAYA DEVI

JUDGEMENT

(1.) The appeal stands preferred against judgment dtd. 6/10/2025 of the Family Court, allowing the applications made by respondent in the original matrimonial case, for condonation of delay and setting aside ex-parte judgment dtd. 13/11/1991.

(2.) By said ex-parte impugned judgment dtd. 13/11/1991 the marriage of respondent no. 1 with her husband, since deceased stood dissolved. During his life time said deceased husband remarried. Appellants are the second wife and her children. Respondents are first wife and her children. The man died on 12/4/2023. Respondent no. 1 through her brother applied for death benefits from his employer. On being told there was already claim made by the widow (the second wife)/appellant no. 1, respondent no. 1 approached the Family Court on gross delay, for setting aside the ex-parte judgment and decree with application for condonation of delay. By impugned judgment dtd. 6/10/2025, the delay was condoned and the ex-parte judgment and decree dtd. 13/11/1991 set aside, for the matrimonial case being restored to its original file and number. Furthermore, the matrimonial case itself was thereby brought to an end. Appellants are in appeal against said judgment.

(3.) Mr. Ratnesh Kumar Pandey, learned advocate appears on behalf of appellants and on earlier occasion he had handed up English translation of impugned judgment. Ms. Shreya Gupta, learned advocate appears on behalf of respondents.