Smt. Shruti vs Manoj Kumar Singh
2023 Latest Caselaw 10524 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 10 th OF JULY, 2023
                                              FIRST APPEAL No. 1846 of 2022

                          BETWEEN:-
                          SMT. SHRUTI W/O MANOJ KUMAR SINGH D/O SHRI
                          GUNJAN KUMAR VIDYARTHI, AGED ABOUT 33 YEARS,
                          OCCUPATION: HOUSEWIFE, R/O OJAS BHAWAN,
                          VILLAGE NEW DARIYAPUR (KURSHAUL), DISTRICT
                          PANTA (BIHAR)

                                                                                       .....APPELLANT
                          (BY SHRI NAMAN MISHRA - ADVOCATE)

                          AND
                          MANOJ KUMAR SINGH S/O SHRI RAMGEENA SINGH,
                          AGED ABOUT 40 YEARS, R/O FLAT NO. 204, SECOND
                          FLOOR   (KAUSHALYA EXSOTIKA),    BLOCK     B-2,
                          KACHNAR CITY, VIJAY NAGAR, SWAMI VIVEKANAND
                          WARD, DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                          (BY SHRI SANJAY PANDEY - ADVOCATE)

                                This appeal coming on for orders this day, JUSTICE SHEEL NAGU
                          passed the following:
                                                            ORDER

Present appeal has been preferred by the appellant-wife against an ex- parte decree rendered on 13.10.2022 passed in RCS HM No.801/2020 by Principal Judge, Family Court, Jabalpur in favour of respondent-husband u/S.9 of Hindu Marriage Act, 1955.

2. Para 3 of impugned judgment reveals that though wife had been Signature Not Verified Signed by: MOHAMMED MOHSIN QURESHI Signing time: 7/11/2023 10:42:14 AM

represented by a counsel and had filed reply, but later never appeared personally before the Family Court and; therefore,was declared ex-parte on 09.02.2022 leading to passing of ex-parte decree, which is challenged herein.

3. It is not disputed at the bar that wife has not availed the remedy under Order 9 Rule 13 of CPC for setting aside aforesaid ex-parte decree.

4. Accordingly, this Court declines to enter into merits of the matter and relegates the appellant-wife to approach the Family Court by filing an application under Order 9 Rule 13 of CPC, which if filed within a period of 30 days alongwith copy of this order, shall be entertained and decided on its own merits without being dismissed on limitation alone.

5. Accordingly, with aforesaid liberty present appeal stands disposed of.

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




Signature Not Verified
Signed by: MOHAMMED
MOHSIN QURESHI
Signing time: 7/11/2023
10:42:14 AM