LALITA DINESH SINGH Vs. DINESH SINGH

JUDGEMENT

(1.) Interim Application No.12273 of 2025 filed by the Applicant-wife raise challenge to the two orders; the first being ex-parte divorce decree granted on 11/04/2018 by the Family Court at Pune in Petition A.No.1287 of 2017 filed by the husband and the second being the Judgment/Order dtd. 01/02/2025, dismissing the application filed under Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short, "CPC") In raising a challenge to the aforesaid two orders, there is a delay of 2544 days and 4 days respectively. It is for condonation of this delay, the present Application is filed by the Applicant.

(2.) We have heard the learned counsel Mr.Narsaria for the Applicant and the learned counsel Mr.Sarwate for the Respondent, who has vehemently opposed the Application by filing an affidavit-in-reply, which is taken on record. The clear facts before us would reveal that the Respondent/Husband instituted Petition under Sec. 13(1) (ia) of the Hindu Marriage Act, 1955 and by Judgment and Decree dtd. 11/04/2018, the divorce came to be granted, when petition was allowed and the marriage solemnized between the parties was dissolved. Admittedly, the said Judgment is ex-parte and the learned Judge has clearly recorded that the unrebutted contention of the Petitioner-Husband reveals that the behaviour of the Respondent-Wife has caused him mental and physical cruelty and divorce decree was granted.

(3.) Being aggrieved by the same, the Applicant-Wife filed Civil Misc. Application No.116 of 2018 under Order IX Rule 13 of CPC for setting aside the ex-parte Judgment and Decree dtd. 11/04/2018 passed by the Family Court. A specific ground was raised in the application that the summons were issued to the Applicant and when the first date of hearing was scheduled, she was unable to attend the Court for certain reasons and even when she received further intimation about further hearings, under an impression that she would be served with fresh notice and since she was not served with any fresh summons or notice, either by the Respondent or the Court, she did not attend the proceedings. However, the ex-parte order was passed and the Judgment and Decree was passed on 11/04/2018 i.e. immediately on the next date, when the matter was directed to proceed ex-parte. In short, the application sought setting aside of the Decree specifically by invoking the ground under Order IX Rule 13 of CPC. This application came to be decided by the Family Court on 01/02/2025 and with a conclusion being drawn that no ground, which would permit the Court to intervene under Order IX Rule 13, was made out and the grounds set out for not attending the proceedings were found to be not sufficient to grant any indulgence in setting aside the ex-parte Judgment and Decree.