KISHORE KUMAR TRIVEDI Vs. KIRAN

JUDGEMENT

(1.) AMITAVA Lala, J. Since the point for consideration is a question of law, the appeal is heard on the informal papers by the consent of the parties.

(2.) THIS appeal is primarily arising out of the decree for maintenance passed by the Additional Principal Judge, Family Court, Kanpur City on 7th December, 2005 under Section 18 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as the Act) in Suit No. 575 of 1999.

(3.) IN this context, certain dates are relevant to be recorded hereunder. The date of Marriage is 16th February, 1997. The date of decree for divorce is 4th September, 1999. The application for setting aside the ex parte decree under Order IX, Rule 13 was made along with an application under Section 5 of the Limitation Act on 26th July, 2000. The same was also dismissed on 27th April, 2006. A further application for recalling of such order of dismissal of the application was made on 30th October, 2006 also along with an application under Section 5 of the Limitation Act, which is still pending.