Smt. Shakuntala vs Thakurdeen Ahirwar
2023 Latest Caselaw 19910 MP

Madhya Pradesh High Court

Smt. Shakuntala vs Thakurdeen Ahirwar on 28 November, 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 28 th OF NOVEMBER, 2023
                                              FIRST APPEAL No. 2278 of 2023

                    BETWEEN:-
                    SMT. SHAKUNTALA W/O SHRI THAKURDEEN AHIRWAR D/O
                    RAMVISHAL AHIRWAR, AGED ABOUT 27 YEARS, OCCUPATION:
                    HOUSEWIFE R/O VILLAGE NIMAHA, POLICE STATION AND
                    TEHSIL AJAYGARH, DISTRICT PANNA AT PRESENT R/O VILLAGE
                    BILHARKA, POLICE STATION KOTWALI TEHSIL NARYANI
                    DISTRICT BANDA (UTTAR PRADESH)

                                                                                             .....APPELLANT
                    (BY SHRI B.K. KUSHWAHA - ADVOCATE)

                    AND
                    THAKURDEEN AHIRWAR S/O SHRI BABBU AHIRWAR, AGED
                    ABOUT 27 YEARS, R/O VILLAGE NIMAHA, POLICE STATION AND
                    TEHSIL AJAYGARH, DISTRICT PANNA (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                    (NONE )

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

                   following:
                                                            ORDER

This appeal filed by appellant/husband assails the ex parte decree passed on 21.09.2023 in RCSHM No.90/2022 by Principal Judge, Family Court, Panna 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
                   YS