Smt. Rekha Nitin Sitre (Rekha Ringne) vs Nitin Kishore Sitre
2023 Latest Caselaw 21262 MP

Madhya Pradesh High Court

Smt. Rekha Nitin Sitre (Rekha Ringne) vs Nitin Kishore Sitre on 13 December, 2023

Author: Sheel Nagu

Bench: Sheel Nagu

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE SHEEL NAGU
                                                       &
                                    HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
                                             ON THE 13 th OF DECEMBER, 2023
                                                 FIRST APPEAL No. 1334 of 2023

                           BETWEEN:-
                           SMT. REKHA NITIN SITRE (REKHA RINGNE) W/O NITIN
                           KISHORE SITRE, D/O. SHRI PRAHLAD NAMDEO
                           RINGNE, AGED ABOUT 32 YEARS, R/O VILLAGE
                           KHUTPURI,   TAHSIL KHAMGAON,       DISTRICT    -
                           BULDHANA (MAHARASHTRA)

                                                                                        .....APPELLANT
                           (BY SHRI VIJAY KUMAR PANDEY - ADVOCATE)

                           AND
                           NITIN KISHORE SITRE S/O LATE SHRI KISHORE
                           KUMAR SITRE, AGED ABOUT 32 YEARS, R/O BEHIND
                           SABJI MANDI, GATARGHAT ROAD, CHANDRA
                           SHEKHAR AZAD WARD, KATNI, TAHSIL AND DISTRICT
                           KATNI (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI ATUL SINGH BHARDWAJ - ADVOCATE )

                                 T h is appeal coming on for hearing this day, Justice Sheel Nagu
                           passed the following:
                                                             ORDER

This appeal filed by appellant/wife assails ex parte decree passed on 28.07.2022 in H.M. Case No.325/2021 by Principal Judge, Family Court, District Katni u/S.13 of Hindu Marriage Act, 1955 in favour of respondent/husband.

2. It is not disputed by learned counsel for the appellant that judgment

and decree of divorce passed in favour of the respondent/husband is an ex parte decree and appellant/wife did not move any application under Order 9 Rule 13 of CPC to set aside the same.

3. At this juncture, learned counsel for the appellant prays for withdrawal of this first appeal with liberty to move an application under Order 9 Rule 13 CPC before appropriate family court.

4 . If aforesaid application is filed under Order 9 Rule 13 of CPC alongwith an application u/S.5 of Limitation Act, then the cause shown for delay shall be liberally construed.

5. Accordingly, present first appeal stands dismissed as withdrawn with

aforesaid liberty.

                             (SHEEL NAGU)                                      (DEVNARAYAN MISHRA)
                                JUDGE                                                 JUDGE
                           HK