Akshay Kumar Agrawal vs Smt. Sweta Agrawal
2024 Latest Caselaw 76 Chatt

Chattisgarh High Court

Akshay Kumar Agrawal vs Smt. Sweta Agrawal on 20 June, 2024

Author: Rajani Dubey

Bench: Rajani Dubey

  Neutral Citation
  2024:CGHC:20829-DB




                                          1

                                                                         NAFR
          HIGH COURT OF CHHATTISGARH, BILASPUR

                       F.A. (MAT) No. 24 of 2022

      Akshay Kumar Agrawal, S/o Ashok Kumar Agrawal, aged about

      31 years, Address No.(1) R/o - Barfari Villa, Beside of Chauhan

      Chhaya, Near Talwar Bhawan, Subhash Nager, Ward No.42,

      Kasarideeh, Durg, District Durg (Chhattisgarh) 491001,

      Address No.(2) R/o - Flate No.101, Rachit Enclave, Plot No.17,

      Parthivi Raj Nager, Near Beltarodi Police Station, Manish Nager,

      Nagpur,     District       Nagpur       (Maharashtra)   (441108)   (Non-

      Applicant/Respondent)

                                                                 ---- Appellant
                           Versus
      Smt. Sweta Agrawal W/o Shri Akshay Kumar Agrawal, aged

      about 31 years, R/o Tripat Jain, House No.24, North Avenue,

      Near Brahmakumari Ashram, Choubey Colony, Raipur, District

      Raipur (Chhattisgarh) 492001 (Applicant/plaintiff)

                                                               --- Respondent


For Appellant                :      Mr. Shivendu Pandya, Advocate

For Respondent               :      Mr. Mayank Kumar, Advocate.


                Hon'ble Shri Justice Goutam Bhaduri, J
                 Hon'ble Smt. Justice Rajani Dubey, J
                             ORDER ON BOARD
                         (Passed on 20-06-2024)
Per Goutam Bhaduri, J

The appellant/husband has filed the instant appeal challenging Neutral Citation 2024:CGHC:20829-DB

the ex-parte judgment and decree dated 4.12.2021 passed by First

Additional Principal Judge, Family Court, Raipur in HMA Case

No.560/2021 whereby the application under Section 13(1)(i-a) of the

Hindu Marriage Act, 1955 filed by the respondent/wife is allowed and

consequently, the marriage between the parties has been dissolved.

02. Learned counsel for the appellant would submit that in order to

appreciate the evidence which could be brought forward only in an

application under Order IX Rule 13 of CPC, he may be permitted to

withdraw this appeal with liberty to file appropriate application before

the concerned Family Court.

03. The aforesaid prayer has not been opposed by learned counsel

for the respondent.

04. Having considered the facts and the ex-parte judgment and

decree, as an appellate Court we cannot ascertain as to what was the

reason for non-appearance of the appellant/husband on 25.10.2021

before the Family Court. Since the judgment is ex-parte, we deem it

proper to allow the appellant to withdraw this appeal with liberty to file

an appropriate application for setting aside the ex-parte judgment and

decree before the concerned Family Court within a reasonable time. In

case, an application is filed with respect to condone the delay, the

Court shall consider and decide the same on facts brought before it

taking into consideration the provisions of the Indian Limitation Act.

The appeal, thus, stands dismissed as withdrawn with the aforesaid

liberty.

             Sd/                                         Sd/
       (Goutam Bhaduri)                             (Rajani Dubey)
Khan        Judge                                       Judge