SMT. LALITA Vs. HEMANT KUMAR

JUDGEMENT

(1.) The appellant has filed the present appeal being aggrieved by the order dated 24.08.2013, passed by the 3rd Additional District Judge, Mandsaur by which he has rejected the application filed under Order 9, Rule 13 read with section 151 of the CPC along with an application under section 5 of the Limitation Act, 1963. Facts of the case, in short, are as under:

(2.) The marriage of the appellant and respondent was solemnized under the Hindu Customs and Rituals on 21.11.1996. After marriage, the matrimonial disputes started between them and because of which, they had separated from each other and started living separately. The appellant filed an application under section 125 of the Cr.P.C., 1973 before the Additional Judicial Magistrate First Class, MHOW which was registered as Criminal Case No.78/2005. By order dated 26.04.2006, the Court has fixed the interim maintenance @ Rs. 1,500/- per month. During the pendency of the said case, in the cross-examination, counsel for the respondent has produced the copy of judgment and decree dated 18.07.2005 passed in Hindu Marriage Case No.12/2004 by which an exparte decree of divorce has been granted.

(3.) According to the appellant, first time she came to know about such ex-parte decree of divorce, then she immediately applied for certified copy of the same and collected other papers and filed an application under Order 9, Rule 13 of the CPC along with an application under Section 5 of the Limitation Act for setting aside the ex-parte judgment and decree dated 18.07.2005. Since, application under Order 9, Rule 13 of the CPC could be filed within 30 days from the date of knowledge i.e. 17.01.2008, therefore, she filed an application under Section 5 of the Limitation Act for condonation of delay.