RENU TOMAR Vs. MAHENDRA PRATAP SINGH TOMAR

JUDGEMENT

(1.) These appeals under Sec. 19 of the Family Court Act, 1984 are directed against two separate orders dtd. 27.08.2019 passed by the Ist Additional Principal Judge, Family Court, Bhopal in MJC No. 50/2017 (Civil) and MJC No. 413-R/2017 (Criminal); whereby, application under Order 9 Rule 13 CPC along with Sec. 5 of the Limitation Act (for setting aside ex-parte divorce decree) and application under Order 9 Rule 9 CPC along with Sec. 5 of the Limitation Act (for restoration of petition under Sec. 125 of CrPC) filed by the appellant/wife have been dismissed.

(2.) Both husband and wife are fighting among themselves for their respective causes. The husband had filed a petition for divorce while the wife had filed a petition for maintenance before the same Family Court. They both were earlier contesting their respective petitions but after some time, wife could not appear before the Family Court on 02.11.2016. Consequently, she was declared ex parte in the petition for divorce and her own petition was dismissed for want of prosecution vide order dtd. 02.11.2016. Later, the Family Court ex parte decreed the divorce suit on 20.02.2017.

(3.) The wife approached the Family Court for restoration of her petition for maintenance and for setting aside the ex-parte decree of divorce. The Family Court acceded to her prayer and restored her petition for maintenance and also set aside the ex-parte decree of divorce vide two separate orders dtd. 05.01.2019. The husband challenged both these orders before this Court vide First Appeal Nos. 204/2019 and 206/2019. These appeals were disposed of by coordinate Bench of this Court on 10.04.2019 and the matter was remanded back to the Family Court for reconsideration and to pass an appropriate order following the due process of law after recording evidence of the parties and giving them opportunity of hearing.