It is submitted by the learned counsel for the applicant that the applicant had filed an application on 3.11.2015 mentioning therein that he had engaged his counsel in the application filed under Section 125 Cr.P.C. filed by the opposite party no.2 and since then his counsel had informed him that no proceeding is going on and whenever the reply is needed he will inform and he also informed that the case may be transferred to the family Court and, if that be so, information will be given to the applicant. It is further submitted that when the applicant appeared before the family Court in his divorce petition no.169 of 2006 on 2.11.2015 then he came to know that the case has been fixed on 3.11.2015 for ex-parte order. It is further submitted that the leaned Principal Judge, Family Court, Aligarh without considering the facts and circumstances of the case and without applying its judicial mind passed the order dated 19.2.2016 and rejected the application filed by the applicant, thereafter, the learned Additional Principal Judge, Family Court, Aligarh/Additional Sessions Judge, Fast Track Court No.2, Aligarh without considering the entire facts and circumstances of the case and applying his judicial mind passed the order on 12.2.2019 whereby the recall application supported with an application under Section 5 of the Limitation Act has been rejected. It is thus,submitted that the order impugned is bad in law.
