Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 7228 of 2019 Petitioner :- Rakesh Kumar Respondent :- Smt. Roopwati Counsel for Petitioner :- Dhirendra Kumar Srivastava,Rajiv Sisodia
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 1.5.2019, the Principal Judge, Family Court has allowed the application under Order 9 Rule 13 CPC and has set aside the exparte decree dated 23.5.2018 in Original Suit No.122 of 2016 under Section 13 of the Hindu Marriage Act, 1955.
Against such an order, an appeal would lie under Section 19 of the Family Courts Act, 1984.
Learned counsel for the petitioner is not in a position to dispute the same.
Accordingly, this Court declines to entertain challenge to the impugned order in exercise of power under Article 227 of the Constitution of India. The petition is disposed of with liberty to the petitioner to challenge the impugned order by filing appeal under the Family Courts Act, 1984.
(Manoj Kumar Gupta, J.) Order Date :- 30.9.2019 skv