GROUP CAPTAIN NITIN KANITKAR Vs. MEENU NITIN KANITKAR

JUDGEMENT

(1.) The present Family Court Appeal arises out of the impugned order dated 24th October 2013 passed below Exhibit 1 in Civil Miscellaneous Application No.9 of 2013. The said Application No.9 of 2013 was filed by the wife, Respondent herein, under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex parte judgment and decree dated 6th March 2012 passed in Petition No.A-801 of 2011 which was filed by the Appellant herein for seeking divorce on the ground of cruelty as contemplated under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

(2.) The record discloses that the Appellant - husband had filed a Petition bearing No.A-801 of 2011 in the Family Court at Pune under Section 13(1)(i-a) of the Hindu Marriage Act as stated earlier. The learned Judge of the Family Court No.5, Pune in its judgment and order dated 6th March 2012 had observed that the Respondent - wife was duly served with the summons, but remained absent continuously and so the said petition proceeded ex parte against the Respondent - wife. The Learned Trial Court thereafter proceeded with the said case and was pleased to allow the said petition filed by the Appellant - husband thereby passing a decree of divorce by dissolving the marriage between the Appellant and the Respondent which was solemnized on 12th December 1994. By the said judgment and order dated 6th March 2012 the Trial Court was further pleased to direct the Respondent - wife to give access of son Ayush to the Appellant - husband on every Saturday from 6 p.m. till Sunday upto 7 p.m.

(3.) Being aggrieved by the said ex parte judgment and order dated 6 th March 2012, the Respondent - wife filed the aforesaid Civil Miscellaneous Application No.9 of 2013 before the Family Court for setting aside the said ex parte judgment and order dated 6th March 2012. In the said application, the Respondent - wife has taken various grounds for setting aside the ex parte judgment and order passed by the Trial Court. After receipt of the summons of the said application, the Appellant - husband appeared in the said proceedings and filed his say to the application under Order 9 Rule 3 of the Code of Civil Procedure. The learned Trial Judge by its order dated 24th October 2013 after hearing the parties to the said application, was pleased to allow the said application which was filed under Order 9 Rule 13 of the Code of Civil Procedure and was further pleased to set aside the judgment and decree dated 6th March 2012 passed in Petition No.A- 801 of 2011 thereby restoring the said petition to the file.