RAJASHREE DEB Vs. GAUTAM DEB

JUDGEMENT

(1.) This appeal has been filed by wife Rajashree Deb challenging the order dated 11/6/2015 passed by the Principal Judge, Family Court, Cachar, Assam in F.C (Civil) Misc. case No. 17/2014 arising out of F.C (Civil) Misc. Case No. 29/2013 and F.C (civil) No.109/2012, whereby she has dismissed her application under Sec. 5 of the Limitation Act for condonation of delay in filing application under Order 9, Rule 13 of the Code of Civil Procedure; to set aside the ex-parte decree dated 05/01/2013 granting divorce to the respondent-husband.

(2.) The brief facts of the case are these. The appellant was married to respondent on 01/02/2009, where after they started living together as husband and wife in their matrimonial house. But the appellant did not wish to stay with the family members of respondent and insisted to live separately. When respondent denied, the appellant went to her parental house on 13/05/2010 on the plea of attending a Bishnu Puja and did not return in spite of repeated attempts made by him. The respondent then instituted a divorce case in the Court of Principal Judge, Family Court, Cachar, which was registered as F.C. (Civil) Case No.109/2012.

(3.) Since after leaving the respondent, the appellant was living in her parental house at Brjendra Road, Karimganj, naturally, the said address was known to respondent and the notice of the Court was also sent to that address. The record reveals that the notice was received by the brother of the appellant. However, in spite of service of notice, the appellant did not contest the case and ultimately the ex-parte decree was passed by the Family Court on 05/01/2013 as aforesaid. The respondent then after expiry of the period of limitation for filing appeal against the decree has remarried to another woman.