SEEMA MANOJ PARDESI Vs. MANOJ SITARAM PARDESI

JUDGEMENT

(1.) Heard.

(2.) It is contended that the appellant was married to the respondent on 8.7.2003. After leading married life for some time the disturbance started in their day to day life which landed them in the Family Court. The respondent had filed petition No. A-3 52 of 2009 in the Family Court on 8.7.2006 for divorce. On 22.9.2009 the appellant filed written statement. On 31.3.2010 the trial court passed decree in favour of the respondent. On 7.7.2010 the appellant filed Civil Misc. Application No. 109 of 2011 under Order IX Rule 13 of the Code of Civil Procedure to set aside ex-parte decree, which application came to be rejected by the Family court by order dated 18.7.2012.

(3.) The learned counsel for the appellant submits that the appellant did not get opportunity of leading evidence and for putting up her case before the Family Court which has caused prejudice to the rights of the appellant. The circumstances were beyond the control of the appellant. While the matter was being contested in the Family Court the appellant's minor daughter Aditi was suffering from viral fever. The appellant was residing at far away place at Dhule and had to travel to Pune on regular basis. The appellant has been facing financial stringency and due to several factors, the appellant could not utilise proper opportunity to defend herself.