MR. BHAWAR SINGH Vs. SMT. INDER KANWAR

JUDGEMENT

(1.) Instant appeal is directed against the order of the learned Family Court dated 3.9.2013 accepting application filed by the respondent under Order 9 R.13 CPC read with application under Section 5 of the Limitation Act seeking condonation of delay setting aside the ex parte proceedings initiated against the respondent vide order dated 3.6.2005 and ex parte judgment and decree dated 31.3.2006 and as consequence thereof, restored the divorce petition-187/2002 filed by the appellant.

(2.) As it reveals from the record, the appellant filed application-187/2002 under Section 13 of Hindu Marriage Act seeking divorce on 31.3.2002 and at one stage, the order was passed by the learned Family Court initiating ex parte proceedings against the respondent (wife) vide order dated 3.6.2005 and in furtherance thereof ex parte judgment and decree was granted in favour of the appellant on 31.3.2006 dissolving their marriage solemnized on 8.2.1971.

(3.) It can be noticed from the record that from this wedlock they have four children (three daughters and one son) and all are grown up and married and son is present in Court who too is married and father of two minor children.