Shubham Chaudhary vs Sakshi Semwal
2023 Latest Caselaw 3571 UK

Uttarakhand High Court

Shubham Chaudhary vs Sakshi Semwal on 14 December, 2023

Author: Alok Kumar Verma

Bench: Manoj Kumar Tiwari, Alok Kumar Verma

                                                   Reserved Judgment

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

 HON'BLE THE ACTING CHIEF JUSTICE SRI MANOJ KUMAR TIWARI
                                    AND
             HON'BLE JUSTICE SRI ALOK KUMAR VERMA

                          14TH DECEMBER, 2023

            APPEAL FROM ORDER NO. 372 of 2023


Shubham Chaudhary                                    .....Appellant

                              Versus

Sakshi Semwal                                       ...Respondent


Counsel for the Appellant       :           Mr. Gaurav    Kandpal,
                                            Advocate.


                                          Reserved on: 14.09.2023
                                          Delivered on: 14.12.2023
The Court made the following:

Judgment: (per Hon'ble ALOK KUMAR VERMA, J.)

          Due to the absence of the appellant-opposite party in

the petition (Case No. 221 of 2022), filed by the respondent-

petitioner under Section 8 and Section 11 of the Hindu

Marriage Act, 1955, an order was passed on 22.08.2023 to

conduct ex-parte proceedings against him. The application filed

by the appellant-opposite party for recall of the order dated

22.08.2023 has been dismissed by learned Judge, Family

Court, Haridwar vide impugned order dated 29.08.2023.

Aggrieved by the impugned order, the present appeal has been

filed by the appellant.
                                     2

2.           Heard Mr. Gaurav Kandpal, learned counsel for the

appellant.

3.           Mr. Gaurav Kandpal, Advocate contended that the

said case (Case No. 221 of 2022) was listed on 22.08.2023,

and when the case was called out, appellant went to call his

counsel, but meanwhile, the learned Judge passed the said

order dated 22.08.2023.

4.           From perusal of the impugned order, it is found that

the application filed by the appellant to summon the witness

was allowed, but no steps were taken by the appellant to

summon the witness. Even before the order dated 22.08.2023,

appellant was absent in the said case on 20.09.2022. An order

to proceed ex-parte against him was passed. On the application

of the appellant, the said ex-parte order dated 20.09.2022 was

recalled on 27.09.2022 and an opportunity of hearing was

given to him.

5.           It is also noteworthy here that this Court had

directed     the   Family   Court   to   decide   the   said   petition

expeditiously. Despite the said order, delay is found on the part

of the appellant. The said petition is fixed for ex-parte

arguments. It is also worth noting here that if the appellant

was present in the Court on 22.08.2023, then why did he not

immediately file an application to recall the ex-parte order.

Why did he file the application on 26.08.2023 to recall the said

ex-parte order.
                                 3

6.         In the light of the conduct of the appellant, no force

is found in the submission of the appellant's counsel. Therefore,

the present Appeal is dismissed at the Admission stage.




                                    ____________________
                                    Manoj Kumar Tiwari, ACJ.




                                      ___________________
                                        Alok Kumar Verma, J.

Dated 14.12.2023 JkJ/SB