MANISH SONI Vs. USHA SONI

JUDGEMENT

(1.) HEARD . In challenge is the order of learned Family Court, Jaipur passed on 06.11 -2012, whereby the respondent's application seeking setting aside ex parte decree of divorce dt. 14.10.2010, was allowed.

(2.) BRIEFLY stated facts, so far as they are relevant for the purpose of disposal of this Misc. Appeal, are that the appellant filed a petition against the respondent under Section 13 of the Hindu Marriage Act, seeking divorce on the ground of cruelty. However, the petition was amended and alleging the respondent to be mentally sick person, she was sued through guardian (her father) Shri Motilal Soni.

(3.) IT is thereafter on 04.05.2011, that the respondent moved application under O. IX R. 13 of the Code of Civil Procedure (herein -after for short referred to as 'the Code') along with an application for condonation of delay, with the averments that she had no notice/knowledge of the proceedings as she lived in Kolkata with her brother and parents and on 02.05.2011, when her parents came from Kolkata and visited their relatives, they saw the wedding card of appellant's remarriage, and informed her about it. On getting the information, she flew from Kolkata and found out about it and after obtaining legal advise and certified copies, she moved the applications in question.