SIDDHARTH DIXIT Vs. SUJATA DIXIT

JUDGEMENT

(1.) THIS writ application is directed against the order dated 2.9.2008 passed by thelearned Judge, Family Court, Rourkela in Misc.Case No.5 of 2008 filed under Order 9, Rule 13 of theCode of Civil Procedure( in short 'C.P.C.') for setting aside the ex parte decree of divorce.

(2.) THE petitioner and the opposite party got married on 18.2.1991 as per Hindu rites and customsat Kolkata. Both of them were blessed with two children, a son namely, Siddhant in the year 1994 anda daughter namely, Shraddha in the year 1999. THEre were differences between both of them duringthis period and subsequently the relationship became such that they had to remain away from eachother. THE petitioner thereafter filed Civil Proceeding No.227 of 2005 in the court of the learned Judge,Family Court, Rourkela seeking for divorce. Notice was issued to the opposite party but, the samecould not be served. THEreafter, steps for service of notice as provided under Order 5, Rule 20 C.P.C.were taken and in spite of paper publication, the opposite party having not appeared in the case, an exparte decree of divorce was passed on 9.3.2006. After waiting for the appeal period, the petitionercontracted second marriage with another woman. THE opposite party coming to know about the exparte decree, filed Misc.Case No.5 of 2008 before the learned Judge, Family Court, Rorurkela underOrder 9, Rule 13 C.P.C. to set aside the ex parte decree. In the impugned order, the learned Judge,Family Court having set aside the ex parte decree, this writ application has been filed challenging thesame.