Amar Singh vs Badami Devi

This appeal is directed against the judgment and decree dated 15.02.2020 passed by learned Family Court, Rajsamand whereby petition filed by respondent under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 has been allowed exparte and the marriage between the parties has been ordered to be dissolved.

Counsel for the appellant made submissions regarding the Family Court falling in error in setting the matter exparte against the appellant and consequential passing of decree exparte.

On pointing out of the fact that qua exparte decree the appellant is required to approach the Family Court by appropriate application under Order IX Rule 13 CPC, counsel for the appellant seeks withdrawal of the appeal with liberty to approach the Family Court by way of appropriate proceedings seeking setting aside of the exparte decree.

In view of submissions made, the appeal is dismissed as withdrawn with liberty as aforesaid. All pending application(s) stands disposed of.