Shri Rohit Kalia vs . Smti Meenakshi Yadav
2024 Latest Caselaw 36 Meg

High Court of Meghalaya

Shri Rohit Kalia vs . Smti Meenakshi Yadav on 14 February, 2024

Author: H. S. Thangkhiew

Bench: H. S. Thangkhiew

Serial No. 03
Regular List
                  HIGH COURT OF MEGHALAYA
                        AT SHILLONG
MC (FA) No. 20 of 2023
                                 Date of Order: 14.02.2024

Shri Rohit Kalia                        Vs.   Smti Meenakshi Yadav

Coram:
                Hon'ble Mr. Justice H. S. Thangkhiew, Judge


Appearance:
For the Petitioner(s)/ Appellant(s) :   Mr. Philemon Nongbri with
                                        Mr. R. Pahsyntiew, Adv.

For the Respondent(s)       :           Mr. P. Yobin, Adv. with

Mr. K.V. Kharlyngdoh, Adv.

Heard Mr. Philemon Nongbri, learned counsel for the

appellant/applicant.

Also heard Mr. P. Yobin, learned counsel for the respondent who

has filed objections to the condonation application.

The grounds as set forth by the applicant are that he was not in

receipt of any notice about the proceedings of Mat (Divorce) Suit No. 3

of 2018, and was not aware of the Judgment and Order dated

16.05.2019, whereby the marriage stood dissolved, and the appellant

/applicant herein was directed to pay a one time permanent alimony of

Rs. 15,00,000/- (Rupees Fifteen Lakhs only) to the petitioner

(respondent herein). It has been further submitted that it was only after

a Review application had been filed by the respondent/opposite party

that the appellant/applicant was aware about the proceedings, and had

entered appearance on August, 2019.

A perusal of the Judgment and Order 16.05.2019, however, in the

first two paragraphs reflect that the appellant/applicant had been served

with the notice, and had not appeared in spite of service.

In this view of the matter, the records of Mat (Divorce) Suit No.

3 of 2018 needs to be requisitioned for final adjudication of the

condonation application.

Accordingly, call for the records of Mat (Divorce) Suit No. 3 of

2018 from the Court of Additional Deputy Commissioner (J) /District

& Sessions Judge, East Jaintia Hills District, Khliehriat.

List this matter after receipt of the records.

JUDGE

Meghalaya 14.02.2024 "V. Lyndem-PS"