ANAND SEHGAL Vs. ANAMIKA

JUDGEMENT

(1.) The present civil revision petition has been filed by the petitioner being aggrieved of the order dtd. 23/10/2018 passed by the Additional District Judge, Kurukshetra [hereinafter referred to as 'District Judge'] dismissing the application for setting aside the ex-parte order dtd. 25/4/2018.

(2.) The facts in brief are that the respondent-wife filed a petition under Sec. 13 of the Hindu Marriage Act, 1955 [for brevity 'the Act']. Notice was issued to the petitioner-husband for 25/4/2018. Inspite of service of notice, the petitioner failed to appear before the learned District Judge and was proceeded against ex-parte on that very date. After coming to know about this fact on 20/7/2018, an application was moved for setting aside the ex-parte order. The said application was dismissed as the learned District Judge opined that the petitioner intentionally did not appear on the date fixed. Aggrieved of the order, the present civil revision petition has been filed.

(3.) Learned counsel for the petitioner contends that there are number of litigation pending between the petitioner and the respondent and due to misunderstanding, the petitioner failed to appear on 25/4/2018. He further contends that there is no intention to delay the proceedings.