MANISHA ASHOK SUTARIA @ MANISHA Vs. ASHOK SUTARIA

JUDGEMENT

(1.) The family court appeal is Admitted and heard finally at the stage of admission as the parties were put to notice by the order dated 20/07/2017 that the family court appeal would be heard at the admission stage.

(2.) By this family court appeal, the appellant-wife has challenged the order of the Family Court Mumbai, at Bandra dated 23/01/2017 in Civil M. A. No. 246 of 2014 rejecting the application filed by the appellant under Order 9 Rule 13 of Civil Procedure Code for setting aside the ex-parte judgment and decree passed in favour of the respondent-wife in the petition filed by him for a decree of divorce on the ground of cruelty.

(3.) The respondent-husband and the appellant-wife were married as per the customs prevailing in their community on 26/06/2012 at Gujrat. Since there were some disputes between the parties, the parties had started residing separately. The husband filed a petition against the wife bearing petition A715 of 2013 for a decree of divorce on the ground of cruelty. The said petition was allowed by an ex-parte judgment and decree dated 10/10/2014. After the appellant-wife became aware of the ex-parte judgment and decree dated 10/10/2014, she had moved an application for setting aside of the ex-parte decree, under Order 9 Rule 13 of the Civil Procedure Code. The application of the appellant-wife was rejected by the judgment dated 23/01/2017. The judgment is challenged by the appellant by filing this family court appeal.