SHEELA VISHWAKARMA Vs. DESHRAJ VISHWAKARMA

JUDGEMENT

(1.) Heard on admission.

(2.) This petition has been filed by the petitioner/non-applicant/wife under Article 227 of the Constitution of India against the order dated 6.12.2018 passed in HMA No.52-A/2017 by the Principal Judge, Family Court, Chhattarpur, whereby the petitioner's application for setting aside the ex-parte order filed under Order 9 Rule 7 of Civil Procedure Code has been rejected.

(3.) In brief the facts of the case are that respondent-Deshraj Vishwakarma has filed an application for divorce under Sec. 13 of the Hindu Marriage Act, 1955 in the Family Court at Chhattarpur. The petitioner/non-applicant, who is a resident of District Satna appeared before the Court on 16.7.2018 and also filed an application under Sec. 13 of the Family Courts Act, 1984 seeking appointment of an Advocate on her behalf, which was allowed on 2.5.2017, but on 28.8.2018 when the matter was fixed for mediation report, the petitioner and her counsel could not mark their presence, hence the Court proceeded ex-parte against the petitioner and on a subsequent date i.e. on 29.8.2018 an application under Order 9 Rule 7 of Civil Procedure Code was filed by the petitioner for setting aside the ex-parte order. When the matter came up for hearing on 5.12.2018 again neither the petitioner nor her counsel appeared, hence the case was fixed on 6.12.2018 for argument on the said application but on the said date neither the petitioner nor her counsel appeared, hence the petitioner's application filed under Order 9 Rule 7 of Civil Procedure Code has been dismissed for want of prosecution vide order dated 6.12.2018 (Annexure P- 3), which is under challenge.