THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 1393 OF 2011 Dated:27-10-2014 Between:
Gontela Srinivas
... PETITIONER
AND
Smt. Gorentla Anitha
.. RESPONDENTS
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1393 OF 2011 ORDER:
The respondent filed O.P No.382 of 2009 against her husband, the petitioner herein for divorce under Section 13 of the Hindu Marriage Act in the Additional Family Court, Hyderabad. The O.P was allowed ex parte on 23-04-2010. On coming to know that, the petitioner filed an application under Order IX Rule 13 CPC, with a prayer to set aside the ex parte decree. Since there was a delay of 109 days in filing the application, the petitioner filed I.A No. 438 of 2010 under Section 5 of the Limitation Act. The trial Court allowed the I.A through order dated 17-01-2011 on condition that the petitioner deposits a sum of Rs.1,00,000/- towards permanent alimony. The petitioner feels aggrieved by the said condition.
Heard the learned counsel for the petitioner and the learned counsel for the respondent.
It is true that the affidavit filed in support of the application under Section 5 of the Limitation Act is silent about the reasons for the delay. However, since the result in the O.P is going to have serious repercussions, the petitioner deserves to be given an opportunity. When the ex parte decree is set aside, the question of awarding of permanent alimony or depositing any amount thereunder does not arise. This Court is of the view that the inconvenience caused to the respondent can be compensated by awarding costs of Rs.20,000/- to her, which, in a way can be treated as the pendentilite maintenance.
Hence, the C.R.P is allowed setting aside the condition imposed by the Court for depositing of Rs.1,00,000/-. In its place, it is directed that the petitioner shall pay a sum of Rs.20,000/- to the respondent within four weeks from today. On such deposit, not only the delay shall stand condoned but also the ex parte order shall stand set aside.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
27-10-2014
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