PRIYANKA Vs. ANOOP SINGH TOMAR

JUDGEMENT

(1.) On 05/10/2023 during discussion, learned counsel for the respondent referring to judgment of Hon'ble Supreme Court in Karuna Kansal Vs. Hemant Kansal (Civil Appeal Nos. 4847-4848 of 2019 arising out of SLP (C) Nos. 7529-7530 of 2015) submitted that before this Court deals with the appeal with I.A. No.1025/2023 filed under Sec. 5 of Limitation Act, this Court may consider possibility of mediation between the parties as reiterated in the said judgment by the Apex Court.

(2.) Heard on I.A. No.1025/2023, an application under Sec. 5 of Limitation Act.

(3.) This First Appeal No.399/2023 has been filed with delay of 254 days on 14/02/2023 under Sec. 28 of Hindu Marriage Act read with Sec. 19 of Family Court Act against the ex parte judgment in RCSHM/80/2021 (Anoop Singh Tomar Vs. Smt. Priyanka) passed by the learned Ist District Judge, Ambah, District Morena (M.P.) vide order dtd. 5/2/2022 on many grounds but also on the ground of non receiving of any notice of the above suit. It is submitted that in para 8 of the plaint, the appellant- husband had pleaded that nonapplicant-wife lives in Delhi Gurgaon but in the cause title of the suit, some other address has been mentioned. It is further pleaded that at the relevant point of time, she was living with her sister namelySwati Bhadoriya and doing Pharma work. It is further pleaded that the appellant before this Court had earlier filed an application under Sec. 125 of Cr.P.C. before the Family Court Gwalior bearing No.MJCR 403/2020. The respondent/husband in maintenance case remained ex parte. Appellant had to collect documents relating to monthly salary of her husband and when she had applied under RTI Act to know about the salary of her husband then on 12/01/2023, a reply dtd. 02/12/2022 by Commanding Officer of her husband's unit was received via speed- post (Article No.RE967730071IN) by which she came to know that her husband/Anoop Singh Tomar on 05/02/2022 had obtained divorce decree from civil Court, Ambah, District- Morena (M.P.). This fact is evident from the status report obtained by appellant from postal department as to receipt of envelope by her containing aforesaid reply of Commanding Officer, as well as, copy of envelope filed along with I.A. No.5830/2023. There was no service on the appellant before this Court, therefore, she did not have an opportunity to put her case before the learned Court at Ambah, District- Morena (M.P.), therefore, order dtd. 5/2/2022 i.e., ex parte judgment is liable to be set-aside.