JUDGMENT 1. This Case has been heard through video conferencing. 2. This appeal has been filed by the appellant/wife against the judgment and order dated 21.09.2019 passed by Judge, Family Court, Vikasnagar, District Dehradun in Misc. Case No.02 of 2018 "Sangeeta Kandwal Vs. Sunder Lal Kandwal", whereby the application filed by the appellant/applicant under Order 9 Rule 13 of the Code of Civil Procedure has been rejected. 3. The appellant and the respondent were married as per Hindu rites and ceremonies on 14.01.2007 at Dehradun. Out of the said wedlock, they have a son born on 04.12.2007, who is presently residing with the appellant/mother. The respondent/husband filed a suit for dissolution of marriage in the court of Principal Judge, Family Court, Vikas Nagar, Dehradun being Matrimonial Suit No.112 of 2017, which proceeded ex-parte against the appellant/wife and though the application was moved by the appellant for adjournment in the matter by Post as she could not engage a counsel, the dates were being given in the case. Ultimately, an ex-parte order was passed on 11.05.2018 for dissolution of the marriage between the parties. 4. It was belatedly that the present appellant came to know about the ex-parte order. Thereafter, the appellant moved an application for recalling the order dated 11.05.2018 under Order 9 Rule 13 of the Code of Civil Procedure. On technicality as well as on merits, the application of the appellant has been dismissed by the Family Court vide order dated 21.09.2019. Aggrieved, the appellant/wife has filed the present appeal before this Court. 5. The appellant had raised a ground that she is residing at "Karnaprayag", which is in the hills and the appellant was also operated at "Karnaprayag", for which she was hospitalized for some time and for this reason, she could not attend the proceedings before the Family Court. All the same, the medical certificates of the appellant were not believed as they were not properly verified. 6. We are conscious of the fact that though on technicalities the order passed by the concerned Family Court may have valid reasons, but considering that it is a matrimonial matter as well as the fact that the appellant/wife was not keeping well, a liberal attitude was liable to be adopted in the present case by the court below. 7. In view thereof, the order dated 21.09.2019 passed by the Judge, Family Court, Vikas Nagar, Dehradun in Misc.
7. In view thereof, the order dated 21.09.2019 passed by the Judge, Family Court, Vikas Nagar, Dehradun in Misc. Case No.02 of 2018 is hereby set aside. Since it is a matrimonial matter, we direct the Court below, to appoint an Amicus Curiae for the appellant, if she is not able to engage a counsel, and do expedite hearing of the matter as early as possible but in any event not beyond the period of six months from the date a certified copy of this order is produced before the concerned Family Court. 8. In view of the above observations and directions, the appeal stands disposed.