Ashok Kumar vs Baby

This appeal is directed against the order dated 06.07.2023 passed by Additional District Judge, Ratangarh, District Churu whereby petition filed by respondent seeking dissolution of marriage under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 has been allowed exparte and marriage between the appellant and respondent has been dissolved.

A perusal of the appeal indicates that the grounds raised essentially pertain to the fact that the court below committed error in placing the appellant exparte and consequently decreed the petition for dissolution of the marriage.

For the purpose of questioning the validity of placing the appellant exparte and passing the decree exparte, the appellant is having the remedy under Order IX Rule 13 CPC, whereby the appellant can make out a case for setting aside the exparate proceedings and challenging the decree on the grounds, which are available under Order IX Rule 13 CPC, cannot be countenanced.

In view of above fact situation, counsel for the appellant seeks withdrawal of the appeal with liberty to approach the trial court by way of filing application under Order IX Rule 13 CPC.

In view of submissions made, the misc. appeal is dismissed as withdrawn with liberty as aforesaid.