Satvir Singh v. Balwant Kaur

is to the order dated 09.07.2024 passed by the Learned Additional, Principal Judge, Family Court, Patiala (for short 'the Family Court'), whereby an application under Order 9 Rule 13 read with Section 151 CPC, filed by the appellant-husband, for setting aside the ex-parte judgment and decree dated 31.08.2019, was dismissed.

2.

The appellant (applicant before the learned Family Court), filed the aforesaid application, for setting aside the ex-parte judgment and decree dated 31.08.2019, passed in a petition under Section 13 of the Hindu Marriage Act (for short 'the Act') filed by the respondent-wife for dissolution of the marriage between the parties by a decree of divorce. It was further asserted that in the said petition, the appellant-husband had appeared through counsel, but during the

pendency of the said petition it was disclosed to the appellant-husband that the learned Family Court would hold Court at Camp Court, Nabha and the said case would be entertained in the said Camp Court and the appellant would be informed about the date fixed. There were other cases pending between the parties at Nabha as well. In the second week of September, 2019, when the appellant-husband contacted his counsel, he came to know that the said petition filed by the respondent-wife was decided ex-parte on 31.08.2019. Thereafter, the appellant-husband had applied for the certified copy of the said judgment and decree and after obtaining it, he had filed the aforesaid application seeking setting aside of the ex-parte judgment and decree dated 31.08.2019.

3.

Upon notice, the respondent-wife entered appearance and filed her reply to the said application. It was stated that the decree was passed by the Court on 31.08.2019 and the present application was filed on 30.09.2019 and thus, it was barred by time. It was further submitted that during the pendency of the divorce petition, the case was fixed for cross-examination of the respondent-wife, but neither the appellant-husband nor his counsel had appeared for the said purpose and the case was adjourned thrice, but the situation remained the same. Accordingly, the appellant-husband was proceeded as exparte. Despite that, the appellant-husband did not appear and the learned Family Court after hearing the arguments, had passed the decree of divorce. The other pleas raised by the appellant-husband were denied.

4.

"1.

Whether there is sufficient reason for setting aside the exparte judgment and decree dated 31.08.2019? OPP 2.

Whether the present application is barred by limitation? OPR.

3.

Relief."

5.

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