This is an appeal against an order recalling the ex-parte proceedings in a matrimonial petition. The High Court found the appeal devoid of merits, dismissed it, and directed the Family Court to decide the matter within one year without unnecessary adjournments.
The appeal was dismissed, and the Family Court was directed to decide the case within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- FIRST APPEAL No. - 780 of 2019
Appellant :- Vikas Mishra Respondent :- Abha Mishra Counsel for Appellant :- Raghav Ram
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned Counsel for the appellant.
The instant appeal under Section 19 of the Family Court Act, 1984 has been filed by the plaintiff/appellant assailing the order dated 28.08.2019 passed by Principal Judge, Family Court, Jhansi in Matrimonial Petition No.639 of 2018 under Section 13 of the Hindu Marriage Act, 1955 by which he has recalled the order dated 02.11.2018 passed by him in the aforesaid case for proceeding ex-parte against the respondent.
We have perused the impugned judgment and order and we do not find that it suffers from any illegality or legal infirmity requiring any interference by this Court.
This appeal is devoid of merits and is hereby dismissed.
However, considering the facts and circumstances of the case, the concerned Family Court Judge is directed to decide as possible without granting unnecessary adjournment within a period of one year from the date of production of certified copy of this order.
Order Date :- 22.11.2019 S. Singh
2 issues framed by the court
Whether the impugned order recalling the ex-parte proceedings in a matrimonial petition warrants interference by this Court.
Whether the appeal is devoid of merits and requires dismissal.
2 provisions across 2 enactments
Vikas Mishra
Abha Mishra
Bala Krishna Narayana
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
