SARAT KUMAR MISHRA Vs. SMT. SANDHYARANI SATAPATHY

JUDGEMENT

(1.) This is an appeal filed by appellant Sarat Kumar Mishra (hereafter 'the petitioner -husband') under section 19 of the Family Courts Act, 1984 challenging the impugned order dated 24.09.2009 of the learned Judge, Family Court, Cuttack passed in Misc. Case No.277 of 2008 in dismissing the petition filed by the petitioner -husband under Order 9 Rule 13 CPC to set aside the ex parte decree dated 12 .11.2008 passed in Civil Proceeding No.177 of 2008 with a further prayer for allowing the petitioner - husband to participate in Civil Proceeding No. 177 of 2008.

(2.) The respondent Smt. Sandhyarani Satapathy (hereafter 'the opposite party -wife') filed a petition under Section 13 of Hindu Marriage Act, 1955 in the Court of the learned Judge, Family Court, Cuttack which was registered as Civil Proceeding No. 177 of 2008 for seeking a decree of divorce against the petitioner -husband and for permanent alimony of Rs.5,00,000/ - (Rupees five lakhs).

(3.) On being noticed, the petitioner -husband entered appearance in Civil Proceeding No. 177 of 2008 through his counsel on 24.06.2008 but subsequently he remained absent for which the case was set ex parte against him on 23.9.2008.