PINKY Vs. MANISH

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated October 6, 2009, vide which the Court below declared marriage between the parties as voidable and the same was annulled vide the decree mentioned above. Perusal of the impugned order indicates that when the trial was going on in the Court below, on a particular date, counsel for the appellant stated that he had no instructions to appear on her behalf. On account of that, the appellant was proceeded ex parte. After recording evidence of the respondent, the judgment and decree under challenge were passed.

(2.) Counsel for the appellant states that she never instructed her counsel not to appear in the trial Court as stated. On the last date of hearing, we asked counsel for the respondent to get instructions as to why the matter may not be sent back to the Court below for fresh trial. Very fairly and in a very diligent manner, counsel for the respondent, after getting instructions from his client, states that the judgment and decree under challenge be set aside and the matter be remitted to the trial Court for fresh decision. Under the circumstances, we allow this appeal, set aside impugned judgment and decree dated October 6, 2009, and remit the matter to the trial Court for fresh trial from the date when counsel for the appellant pleaded that he had no instructions to appear at her instance. We direct the trial Court to decide the matter expeditiously. Parties through their counsel are directed to appear before the District Judge (Family Court) at Gurgaon on June 8, 2011.