Amar Singh vs Badami Devi (2023/Rjjd/011613)
2023 Latest Caselaw 3493 Raj

[2023/RJJD/011613]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B. Civil Misc. Appeal No. 534/2023

Amar Singh S/o Shri Champa Lal, aged about 31 years, Currently Resident of 532, Harijan Basti Amba Mata, Udaipur, Rajasthan 313001, Permanent Resident of 25A, Nagar Palika Colony, Ward No. 7, Chittorgarh, District Chittorgar, Rajasthan. (Husband)

----Appellant Versus Badami Devi W/o Amar Singh, aged about 28 Years, Resident of 25A, Nagar Palika Colony, Ward No. 7, Chittorgarh, District Chittorgarh, At present resident of Sarvadiya Kheri, PS Relmagra, District Rajsamand, Rajasthan. (Wife)

----Respondent

For Appellant(s) : Mr. Naman Mohnot.

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

24/04/2023

1. This appeal is directed against the judgment and decree

dated 15.02.2020 passed by learned Family Court, Rajsamand

whereby petition filed by respondent under Section 13 (1) (ia) of

the Hindu Marriage Act, 1955 has been allowed exparte and the

marriage between the parties has been ordered to be dissolved.

2. Counsel for the appellant made submissions regarding the

Family Court falling in error in setting the matter exparte against

the appellant and consequential passing of decree exparte.

3. On pointing out of the fact that qua exparte decree the

appellant is required to approach the Family Court by appropriate

[2023/RJJD/011613] (2 of 2) [CMA-534/2023]

application under Order IX Rule 13 CPC, counsel for the appellant

seeks withdrawal of the appeal with liberty to approach the Family

Court by way of appropriate proceedings seeking setting aside of

the exparte decree.

4. In view of submissions made, the appeal is dismissed as

withdrawn with liberty as aforesaid. All pending application(s)

stands disposed of.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J

23-DJ/-

Powered by TCPDF (www.tcpdf.org)