Kumar Abhishek v. Shiku Kashvap
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.477 of 2013 =========================================================== Kumar Abhishek, son of Jitendra Kumar Choudhary, Resident of MohallaWheelarganj, P.S. Laheria Sarai, District- Darbhanga. .... .... Appellant
Versus
Shiku Kashyap, W/o- Kumar Abhishek, D/o- Dr. Mohan Chowdhary, resident of Mohalla- Wheelarganj, P.S. Laheriasarai, District- Darbhanga. At present Shiku Kashyap, D/o- Dr. Mohan Choudhary, Doctor at Police Hospital, Laheriasarai, Resident of Mishra Tola (Bhatiyarisarai) District- Darbhanga. .... .... Respondent =========================================================== Appearance :
For the Appellant : Mr. P.K. Das, Advocate. For the Respondent : Mr. R.K. Pathak, Advocate. Mr. Satish Kumar, Advocate.
=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 07-07-2015 Heard learned counsel for the appellant and the respondent.
2.
By filing this appeal, appellant husband has assailed the order dated 18.06.2013 passed by Principal Judge, Family Court, Darbhanga in Misc. Case No. 03 of 2012, whereunder ex parte decree dissolving his marriage with the respondent wife has been set aside under Order IX Rule 13 C.P.C.
3. It is submitted on behalf of the appellant that while setting aside the ex parte decree, Principal Judge did not notice that the application to set aside the ex parte decree was filed 10 months after
Patna High Court MA No.477 of 2013 dt.07-07-2015 2/2 expiry of the limitation period and to highlight the said fact present appeal has been filed.
4. Grounds taken in support of the appeal is wholly frivolous besides respondent wife having not been given any litigation cost, maintenance, accordingly, while dismissing the appeal, I direct the appellant husband to first pay litigation cost to the wife for appearing in this appeal and the amount of such litigation cost is fixed at Rs. 5,000/- (five thousand). So far litigation cost for the proceeding in the court below is concerned, wife shall apply before the Family Judge. While considering the plea of the wife for grant of litigation cost, court below shall also consider the desirability of allowing interim maintenance to her.
(V.N. Sinha, J) (Nilu Agrawal, J) P.K.P.
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