Prushottam Chadokar vs Kanchna Chadokar
2023 Latest Caselaw 13189 MP

                                 1
 IN      THE     HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                         BEFORE
            HON'BLE SHRI JUSTICE SHEEL NAGU
                            &
      HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                     ON THE 14 th OF AUGUST, 2023
                    FIRST APPEAL No. 2097 of 2019

BETWEEN:-
PRUSHOTTAM CHADOKAR S/O SHRI RAM CHADOKAR,
AGED ABOUT 35 YEARS, JATI KUNVI, R/O GRAM GEEN,
THANA CHICHOULI, JILA BETUL (MADHYA PRADESH)

                                                             .....APPELLANT
(NONE)

AND
KANCHNA CHADOKAR W/O PRUSHOTTAM CHADOKAR,
AGED ABOUT 34 YEARS, OCCUPATION: TEACHER,
PRATHMIK SHALA TAPRA TOLA (CHANDPUR, SANKUL
GAD, TEHSIL GAIRATGANG, POST GADI, JILA RAISEN
(MADHYA PRADESH)

                                                           .....RESPONDENT
(BY SHRI PUSHPENDRA DUBEY )

      This appeal coming on for orders this day, JUSTICE SHEEL NAGU

passed the following:
                                  ORDER

The instant appeal filed under Section 19 of the Family Courts Act and Section 28 of the Hindu Marriage Act is against the order dated 03.10.2019 passed in Civil MJC No.2/19 whereby an application under Order 9 Rule 13 of CPC preferred by the wife for setting aside ex parte judgment and decree dated 25.09.2018 passed in favour of husband, has been allowed.

2. Learned counsel for respondent is heard on the question of admission

so also final disposal.

3. It is seen from the record that the learned Family Judge has assigned the reason while allowing the application under Order 9 Rule 13 of CPC that the service report which contained a remark that the notice sent to the wife was served did not mention details of the recipient of notice and other relevant details and, therefore, the sanctity of the service report was under doubt. The learned Family Judge was of the view that looking to the facts and circumstances of the case the merits need to be considered and, therefore, allowed the application under Order 9 Rule 13 of CPC restoring Civil Suit No.134-A/18 to its original number.

4. Learned counsel for the respondent informs that the said case which is a divorce petition filed by the husband is pending adjudication before the Family Court till date.

5. After having gone through the record and having perused the finding rendered in the impugned order dated 03.10.2019 and having considered the arguments of learned counsel for respondent, this Court is of the considered view that the reason assigned by the learned Family Court in the impugned order appears to be legal and valid and cannot be said to be passed based on any extraneous consideration.

6. More so, every case deserves to be decided on merits and, therefore, the view taken by the learned Family Judge is well within the four corners of law.

7. Accordingly, this appeal does not have any merit and, therefore, dismissed without any cost.

  (SHEEL NAGU)         (AMAR NATH (KESHARWANI))
     JUDGE                      JUDGE
DV


DINESH VERMA
2023.08.16
18:01:29 +05'30'