Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7896 of 2018 Petitioner :- Rajeev Gautam Respondent :- Chhaya Gautam Counsel for Petitioner :- Krishna Kumar Yadav,Jawahir Yadav Counsel for Respondent :- Atul Srivastava,Atul Srivastava
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner and Sri Atul Srivastava for the opposite party.
The instant application has been filed for setting aside the order dated 17.07.2018 passed by the Family Court, Bulandshahar by which the application of the opposite party under Section 5 of the Limitation Act to condone the delay in filing the application under Order 9 Rule 13 C.P.C. for setting aside the ex parte divorce decree passed in Suit No. 541 of 2011 has been allowed.
A perusal of the record would reveal that the opposite party had claimed that the summons of the divorce proceeding were not served upon the opposite party and information about the divorce decree was received for the first time on 24.04.2015 when the other side had filed an affidavit in proceedings under Section 125 Cr.P.C. to set up a defence that already a divorce decree has been obtained against her. The court below after satisfying itself that sufficient cause has been shown for condoning the delay, has allowed the application under Section 5 of the Limitation Act.
This court finds no legal error in the order passed by the court below. The petition is dismissed.
Order Date :- 30.10.2018 Sunil Kr Tiwari