Smt Kalpana Shyamle vs Jagat Kumar Panika
2023 Latest Caselaw 22077 MP

Madhya Pradesh High Court

Smt Kalpana Shyamle vs Jagat Kumar Panika on 21 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 21 st OF DECEMBER, 2023
                                               FIRST APPEAL No. 1929 of 2023

                           BETWEEN:-
                           SMT KALPANA SHYAMLE W/O JAGAT KUMAR PANIKA,
                           AGED ABOUT 28 YEARS, OCCUPATION: HOUSEWIFE R/O
                           VILLAGE KUDAINIYA, POST SAKARIYA, P.S. AND
                           TEHSIL CHITRANGI, DISTRICT SINGRAULI (MADHYA
                           PRADESH) PRESENTLY RESIDING AT VILLAGE GEEDA,
                           POST DHAUHANI, P.S. & TEH. SARAI, DISTRICT
                           SINGRAULI (MADHYA PRADESH)

                                                                                        .....APPELLANT
                           (BY SHRI ESHWAR DAS VAISHY - ADVOCATE )

                           AND
                           JAGAT KUMAR PANIKA S/O SHRI SIPAHI LAL PANIKA,
                           AGED ABOUT 35 YEARS, OCCUPATION: RURAL
                           AGRICULTURE EXTENSION OFFICER BLOCK WAIDHAN
                           DISTRICT SINGRAULI (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI N.K. SHAH - ADVOCATE)

                                 This appeal coming on for admission this day, Justice Sheel Nagu
                           passed the following:
                                                             ORDER

This appeal filed by appellant/wife assails ex parte decree passed on 14.06.2023 in RCS-HM No.25/2022 by II District Judge, Deosar, District Singrauli u/S.13 of Hindu Marriage Act, 1955 in favour of respondent/husband.

2 . It is not disputed by learned counsel for the appellant/wife 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/wife 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
                           mohsin