BRIJENDRA SINGH BHADAURIA Vs. USHA SINGH

JUDGEMENT

(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 3-10-2007 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 respondent/wife examined herself as A.W 1 and witnesses, Baijnath Singh (A.W 2), Process Writer, Kumari Uma Bhairavi (A.W 3), Family Court's Peon, Devendra Shrivastava (A.W.4) and Family Court's Clerk, Keval Shrivastava (A.W.5) in support of the application. THE appellant / husband filed an affidavit of Smt. Manjula Goswami under Order XVIII, Rule 4 of Civil Procedure Code, but the said witness was not appeared in the witnessbox for cross-examination. THE learned Court below after hearing the arguments vide its order dated 11-5-2009 allowed the application of the respondent/wife and set aside the ex parte judgment and decree of divorce dated 3-10-2007 passed in Civil Suit No. 202A/2007 HMA.