SAROJ SHARAD SHINDE Vs. SHARAD BABURAO SHINDE

JUDGEMENT

(1.) IN 1988, respondent-husband obtained ex parte decree of divorce of his marriage with the Appellant. Subsequently, the Appellant-wife applied for setting aside the ex parte decree with an application for condonation of delay. The delay in presenting the application for setting aside the ex parte decree was condoned. Attempt was made to challenge the said order, but failed. In the meanwhile, the District Court transferred the proceedings to the Family Court with a direction to present the proceedings before the Family Court. The Family Court did not interfere with the order of condonation of delay since it had attained finality but posed a question as to whether it would be proper to entertain an application for setting aside the ex parte decree when the matter was lying in the High Court for confirmation as envisaged by Section 20 of the Indian Divorce Act. According to the learned Judge, setting aside of the ex parte decree at that stage would create complications. Having regard to this reasoning, the learned Judge has rejected the application for setting aside the ex parte decree of divorce.

(2.) HEARD Mr.Peshave, learned counsel for the Appellant. None appeared for the respondent, though served. The learned counsel urged that Section 20 of the Indian Divorce Act in no manner creates any hinderance of impediment in the exercise of jurisdiction by the Family Court in the matter of deciding the application for setting aside the ex parte decree. We find considerable force in the submission of the learned counsel. According to us, the learned Judge was not justified in rejecting the application for setting aside the ex parte decree for the reasoning as adopted.