The High Court dismissed a civil revision petition challenging a Family Court order that set aside an ex parte decree in a divorce petition under the Hindu Marriage Act. The court held that the Family Court correctly exercised its discretion.
Revision petition dismissed; no costs awarded.
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.
THE HON’BLE Ms. JUSTICE G.ROHINI
CIVIL REVISION PETITION No.434 OF 2013
Dated: 15.03.2013
| Between: | |
|---|---|
| Goga Naga Bhaskara Anjaneyulu |
…..Petitioner |
| And | |
| Goga Venkata Dhanalakshmi and another |
|
| …..Respondents |
THE HON’BLE Ms. JUSTICE G.ROHINI
CIVIL REVISION PETITION No.434 OF 2013
ORDER:
The revision petitioner filed O.P.No.877 of 2011 before the Family Court, Vijayawada under Section 13 (1) (i) & (i-A) of the Hindu Marriage Act, 1955 seeking a decree of divorce by dissolving the marriage between the petitioner and the 1st respondent herein. Despite notice, since the respondents herein failed to attend, they were set ex parte by the Court below by order dated 14.03.2012. Thereafter, the respondents filed I.A.No.451 of 2012 on 9.4.2012 under Order 9 Rule 7 of C.P.C. praying to set aside the ex parte order dated 14.3.2012. Having heard both the parties and having taken into consideration the reasons explained by the petitioners for their absence, the Court below by the order under revision allowed the said application and set aside the ex parte order dated 14.03.2012. The said order is assailed in this Revision Petition filed under Article 227 of the Constitution of India.
I have heard the learned counsel for the petitioner and perused the material available on record.
In the facts and circumstances of the case, the Court below had rightly set aside the ex parte order and I do not find any justifiable reason to hold that the discretion exercised by the Court below in setting aside the ex parte order suffered from any patent error of law or fact warranting interference by this Court.
Hence, the Revision Petition is dismissed. No costs.
Consequently, Miscellaneous Petitions, if any, pending in this civil revision petition shall stand closed.
_____________ G.ROHINI, J
Date: 15.03.2013
Ivd/Ssp
2 issues framed by the court
Whether the Family Court erred in setting aside the ex parte order allowing the matrimonial petition after hearing the respondent.
Whether the High Court should interfere with the Family Court's discretion in setting aside the ex parte order under Order 9 Rule 7 CPC.
Goga Naga Bhaskara Anjaneyulu
Goga Venkata Dhanalakshmi
G.Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
