MEHBOOBUN NAHAR MILKY Vs. AMARJEET NAYAK

JUDGEMENT

(1.) Mr. Mohapatra, learned advocate appears on behalf of appellant, who is aggrieved by order dtd. 1/12/2023 made by the family Court rejecting her application made under rule 10 in order I read with Sec. 151, Code of Civil Procedure, 1908.

(2.) On query from Court Mr. Mohapatra submits, judgment and decree for divorce was on 26/10/2022. It was made ex-parte against respondent no.2 herein. Said respondent was the wife in the divorce proceeding. She filed application for setting aside ex-parte decree on delay of 9 months and 9 days. In the meantime and after expiry of the statutory period in Sec. 15 of Hindu Marriage Act, 1955, his client married respondent no.1 on 28/8/2023. Hence, when the matrimonial proceeding stood restored on setting aside the ex-parte judgment and decree, his client being vitally interested, applied to be added as party.

(3.) He relies on judgment dtd. 19/2/2020 of the Supreme Court in Criminal Appeal no.321 of 2020 (Krishnaveni Rai v. Pankaj Rai and another), paragraphs 34 to 37. He submits, declaration of law was that by reason of prescription of statutory period in Sec. 15, it cannot be said that the marriage taken place after expiry of the statutory period in Sec. 15 and appeal not filed within that time, is void.