Harish Kumar vs Smt. Rachana
2023 Latest Caselaw 7251 MP

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                  ON THE 3 rd OF MAY, 2023
                                               MISC. APPEAL No. 3789 of 2019

                           BETWEEN:-
                           HARISH KUMAR S/O GOVARDHAN LACHKAR, AGED
                           ABOUT     38    YEARS, OCCUPATION: SERVICE
                           GOKULDHAM COLONY DISTRICT NEEMUCH M.P. /
                           PRESENT ADDRESS G-FIRST CRPF LIGHT HOUSE
                           STERN   JT    KAVRTI   LAKSHADEEP  BHARAT
                           (LAKSHADWEEP)

                                                                                        .....PETITIONER
                           (BY SHRI SANTOSH KUMAR MEENA, LEARNED COUNSEL FOR THE
                           PETITIONER)

                           AND
                           SMT. RACHANA W/O HARISH LACHKAR, AGED ABOUT
                           35 YEARS, OCCUPATION: GOVT. TEACHER SHRI RAM
                           MANDIR MARG KHATEGAON (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI VINAY SARAF, SENIOR ADVOCATE WITH SHRI RIZWAN KHAN,
                           ADVOCATE FOR THE RESPONDENT NO.1)

                                 T h is appeal coming on for orders this day, t h e cou rt passed the

                           following:
                                                             ORDER

The appellant/husband has filed this present appeal against the order dated 14.05.2019 passed in M.J.C. No.02/2019 whereby his application under Order 9 Rule 13 read with Section 151 of C.P.C. has been dismissed.

Learned counsel for the appellant/husband submits that the learned Court below has granted ex-parte judgment and decree 06.09.2018 against the appellant/husband. According to the appellant/husband was posted at Signature Not Verified Signed by: VARSHA SINGH Signing time: 03-05-2023 18:51:12

Lakshdweep therefore, notices has not been served upon him. The appellant/husband has filed an application for divorce. This Court in connected case MCC No.1340/2019 has transferred the case bearing registration HMA No.81C/2017 from Dewas to Neemuch In view of above, order dated 14.05.2019 is set aside and matter is remitted back to the learned Court below to decide afresh.

With the aforesaid MA is disposed of.

(VIVEK RUSIA) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 03-05-2023 18:51:12