N HMAMALINI Vs. N A RAGHU

JUDGEMENT

(1.) THE petitioner and the respondent were married in the year 1994 and they had two children. Respondent filed F. C. O. P. No. 626 of 2005 in the Family Court, Hyderabad, under section 13 of the Hindu Marriage Act, 1955 (for short "the Act"), for dissolution of the marriage and for a direction to the petitioner to continue with the custody and care of the children. The O. P. , was decreed ex parte on 11. 11. 2005. The petitioner filed an application under Order IX Rule 13 of the Code of Civil procedure, 1908, with a prayer to set aside the ex parte decree. Since there was delay of 183 days, in presenting the application, she filed I. A. No. 550 of 2006, under Section 5 of the Limitation Act, 1963.

(2.) THE petitioner pleaded that she was staying with her mother at Kadapa, on being sent away by the respondent, whereas the summons were sent to the residence of her brother. She further pleaded that she came to know about the filing of the O. P. , in the month of October, and soon thereafter, she asked her brother to take necessary steps. It was alleged that by the time she has taken necessary steps, the O. P. , was decreed ex parte.

(3.) THE respondent opposed the application by filing a counter-affidavit. It is stated that despite receiving notice in the O. P. , and having knowledge about the pendency of the same, the petitioner remained silent and that the enormous delay of 183 days was not at all explained.