(1.) Feeling aggrieved by the order dated 11/5/2009 passed in MJC No.12/08 (Smt. Usha Singh alias Deepa Vs. Brijendra Singh) by the Family Court, Gwalior by which the respondent's application under Order IX Rule 13 read with Section 151 of Code of Civil Procedure, 1908 for setting aside the ex parte judgment and decree of divorce dated 03/10/2007 passed in Civil Suit No.202 A/07 H.M.A., has been allowed, the appellant/plaintiff/husband has filed this First Appeal under Section 19 of the Family Courts Act, 1984.
(2.) The respondent/defendant/wife moved an application under Order IX Rule 13 read with Section 151 of Code of Civil Procedure, 1908 inter alia pleading that she was not served in accordance with law, therefore, ex parte decree passed against her deserves to be set aside.
(3.) The appellant/plaintiff/respondent contested the case and denied the averments made in the application.