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2014 DIGILAW 52 (SIK)

Meena Rawat v. Shiv Kumar Pradhan

2014-07-30

N.K.JAIN, S.K.SINHA

body2014
JUDGMENT Jain, CJ (Oral). Appellant-Meena Rawat and respondent-Shiv Kumar Pradhan are present in person along with their respective Advocates. 2. This Appeal, under Section 19(1) of the Family Courts Act, 1984 is directed against the judgment and decree dated 31.05.2013, passed by learned Judge, Family Court, East and North Sikkim at Gangtok in F.C.(Civil) Case No. 14 of 2013, whereby learned Family Court passed a decree of dissolution of marriage in favour of husband/respondent. 3. The husband/respondent filed a petition for dissolution of marriage in the Family Court against wife/ appellant. A notice on the petition was issued to wife/appellant, but she did not appear despite service of notice. Therefore, ex-parte proceedings were drawn against her. Thereafter, the petitioner/ husband examined himself and also produced the documentary evidence in support of his case. 4. Learned Family Court after considering record and submissions of petitioner/husband, passed a decree of divorce and dissolved the marriage between the parties vide judgment and decree dated 31.05.2013. Being aggrieved with the aforesaid judgment and decree, respondent/wife has preferred this Appeal before this Court. 5. During pendency of Appeal, the matter was referred to “Mediator” by this Court vide order dated 08.05.2014, however, the matter could not be reconciled and the Mediator sent his failure report. However, after considering submissions of learned counsel for the parties, this Court vide order dated 10.07.2014, directed both the parties to remain present in person to explore the possibility of compromise again in the matter. In pursuance of aforesaid direction, both the parties are present in person. An effort was again made for reconciliation of the matter. The matter could not be compromised. However, during the course of proceedings, the respondent /husband Shiv Kumar Pradhan and his counsel, both agreed that since the impugned judgment and decree was passed ex-parte, therefore, the same may be set aside and an opportunity may be afforded to the appellant/ wife to contest the matter before Family Court. The Appellant as well as her counsel are also agreeable for remand of the matter to Family Court for fresh decision on merit. We have also examined the matter and we are satisfied that the impugned ex-parte decree passed by the learned Family Court is liable to be set aside and an opportunity is to be afforded to wife/appellant to contest the matter on merit. 6. Consequently, this Appeal is allowed. We have also examined the matter and we are satisfied that the impugned ex-parte decree passed by the learned Family Court is liable to be set aside and an opportunity is to be afforded to wife/appellant to contest the matter on merit. 6. Consequently, this Appeal is allowed. The impugned judgment and decree dated 31.05.2013 passed by learned Family Court, East and North Sikkim at Gangtok in F.C. (Civil) Case No. 14 of 2013 are set aside. The case is remanded to the learned Judge, Family Court, East and North Sikkim, Gangtok for deciding the matter afresh on merits after hearing both the parties. 7. Both the parties are directed to appear before the learned Judge, Family Court, East and North Sikkim at Gangtok on 26.08.2014. Since, both the parties have been informed about the date fixed, therefore, no fresh notices will be given to them by the Family Court. The proceedings of Family Court will be started at the stage, an order to proceed ex-parte against the wife was passed. It is made clear that in case the appellant remains absent before the Family Court on the date fixed by this Court or during subsequent proceedings, then it will be open for the Family Court to proceed ex-parte in the matter. 7. No order as to costs. 8. The Registry is directed to send back the records of Family Court, immediately.