Tarun Kumar Sahani vs Neha Sahani
2022 Latest Caselaw 2035 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

            THE CHIEF JUSTICE SHRI VIPIN SANGHI
                            AND
           JUSTICE SHRI RAMESH CHANDRA KHULBE

                Appeal from Order No.226 OF 2022

                              07TH JULY, 2022


Tarun Kumar Sahani                                   .......... Appellant

                                    Vs.

Neha Sahani                                           ...... Respondent


Presence: -
Shri Rajat Mittal, learned counsel for the appellant.
Shri S.K. Shandilya, learned counsel appearing on behalf of the respondent.

JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)


             Heard      the     learned    counsel      on    the    delay
condonation application (IA No.2 of 2022) as well as on the
merits of appeal.

2.           We have heard learned counsel for the appellant
on merits. Since we do not find any merit in the appeal, we
are not inclined to go into the aspect of delay. The appellant
is aggrieved by the order dated 11.05.2022 passed by the
Judge, Family Court, Vikas Nagar, District Dehradun in Misc.
Case No.06 of 2021 of O.S. No.101 of 2017. By the
impugned order, the respondent-wife's application under
Order 9 Rule 13 CPC to seek setting aside of ex parte decree
dated 15.11.2021, has been allowed and the ex parte decree
has been set aside.

3.           The learned Judge, Family Court has taken into
account the fact that the parties were in mediation during
pendency of the proceedings before the Supreme Court for
most of the period when the respondent did not appear
before the Family Court. It was her categorical case that her
  counsel had apprised her that in light of the mediation
 proceedings, she need not appear before the Family Court.

 4.         In the light of the aforesaid, and since even the
 appellant does not dispute the fact that mediation was in
 progress till 13.08.2021, we are of the view that the
 respondent was able to bring out sufficient cause for her
 non-appearance before the Family Court on several dates,
 which were taken into account by the Family Court while
 proceeding ex parte against her.

 5.         We are, therefore, not inclined to interfere with the
 impugned     order.     Accordingly,   the   present   appeal   is
 dismissed.

 6.         Pending application, if any, stands disposed of.




                              ___________________
                                      VIPIN SANGHI, C.J.



                                           ______________
                              RAMESH CHANDRA KHULBE, J.

Dated: 07th July, 2022 BS