BALDEV SINGH Vs. PREENA

JUDGEMENT

(1.) This civil misc. appeal under Sec. 19 of the Family Courts Act, 1984 has been preferred claiming the following relief:

(2.) The pleaded case of the appellant is that in a divorce petition filed by him, notices were issued by the learned trial court on 07.07.1986, which were served, but the respondent did not choose to appear before the learned trial court. Thereafter, the learned trial court proceeded ex parte and passed judgment and decree dated 09.07.1987 annulling the marriage between the parties.

(3.) The respondent, in the year 2013, had moved an application under Order 9 Rule 13 Code of Civil Procedure before the learned court below for setting aside the ex parte judgment and decree dated 09.07.1987, which was allowed by the learned court below vide the impugned order dated 17.04.2017, while setting aside the said ex parte judgment and decree dated 09.07.1987.