SMT. NEHA REVADIYA Vs. AVDESH KUMAR

JUDGEMENT

(1.) The instant appeal has been preferred by the petitioner appellant under Sec. 19 of the Family Courts Act, 1984 against the order dated 15.07.2016 passed by the Judge, Family Court No.2, Jaipur (hereinafter referred as "the Family Court") in case No.179/2015, whereby the application filed by the petitioner-appellant under Order 9 Rule 13 read with Sec. 151 Code of Civil Procedure for setting aside the exparte decree dated 11.01.2013, was dismissed.

(2.) Skeletal material facts necessary for disposal of this appeal are that the respondent was married to the appellant on 06.05.2011 according to Hindu rites. The parties herein lived together for sometime and thereafter they separated. Out of the wedlock, the petitioner-appellant gave birth to a child in Sept., 201 On 30.05.2012, the nonpetitioner respondent herein had filed a petition in Family Court No.1, Jaipur for dissolution of marriage seeking for grant of a decree of divorce on the ground of cruelty. The said petition was allowed and exparte decree was passed on 11.01.2013 by Family Court No.1, Jaipur.

(3.) Thereafter, on 24.05.2013, the petitioner-appellant had filed an application under Order 9 Rule 13 read with Sec. 151 Code of Civil Procedure along with an application for condonation of delay under Sec. 5 of the Limitation Act in Family Court No.1, Jaipur, which was later on transferred to the Family Court No.2, Jaipur. It is stated in the application that after the marriage, the appellant became pregnant, she went to her father's house at Alwar because the respondent used to harass and torture the appellant.