SEEMA KAUR Vs. GURPREET SINGH

JUDGEMENT

(1.) The instant civil misc. appeal has been filed by appellant-wife Smt. Seema Kaur, under Section 19 of the Family Court Act against the judgment dated 08.06.2017 passed by learned Judge, Family Court, Hanumangarh in Civil Misc. Case No.54/2016, whereby application filed by the appellant, Smt. Seema Kaur, under Order 9 Rule 13 CPC for setting aside the exparte divorce decree dated 02.09.2015, was rejected on the ground of delay.

(2.) Learned counsel for the appellant submits that the divorce application under Section 13 of the Hindu Marriage Act, 1955 was filed on 23.07.2013 by the respondent-husband seeking divorce and the said divorce application was allowed by the learned Judge, Family Court, Hanumangarh vide its exparte decree dated 009.2015. It is further argued that along with application under Section 5 of the Limitation Act was also filed to condone the delay occurred in filing application under Order 9 Rule 13 CPC, wherein it was specifically pleaded that she was regularly appearing in the court and prayed for time to file reply to the divorce application on 24.11.2014. Again on 20.12014 she appeared and sought time to file reply but assertions were made in the application by her that she was not having knowledge of the proceedings of the divorce petition.

(3.) The learned Judge, Family Court, Hanumangarh rejected the application on the ground that she has not approached the court with clean hands , therefore, she is not entitled to any relief and refused to condone the delay or to accept application filed by the appellant under Order 9 Rule 13 CPC.