VIJAY UPADHYAY Vs. LALITA

JUDGEMENT

(1.) This DBCMA under Sec. 19 of the Family Courts Act, 1984 has been filed by the appellant-husband against the order dtd. 26/11/2024 passed by learned Judge, Family Court No.1, Udaipur in Civil Misc. Case No.42/2019 whereby an application moved on his behalf under Order IX Rule 13 read with Sec. 151 CPC for setting aside judgment and decree dtd. 20/9/2017, has been dismissed.

(2.) Brief facts giving rise to the instant appeal are that the respondent-wife filed one divorce petition under Sec. 13 of the Hindu Marriage Act, 1955 against the appellant-husband for dissolution of their marriage, solemnized on 15/5/2010.

(3.) It is stated that on the aforesaid divorce petition, notices were issued for effectuating service upon the appellant through registered post with AD on 23/3/2017, returnable on 12/5/2019. Thereafter, it was mentioned in the order-sheets that despite service, the appellant did not appear before the court below. However, on account of the fact that the Presiding Officer was on leave, the matter was kept for 20/7/2017. On that day, ex-parte proceedings were drawn against the appellant; and in furtherance thereof ex-parte judgment and decree dtd. 6/3/2018 was delivered by the court below for granting decree of divorce in favour of the respondent-wife and resultantly the marriage solemnized between the parties has been dissolved.