Lalita Saxena vs Geetesh Srivastava

Mr. Vimal Kumar Jain, learned counsel has put in appearance on behalf of the respondent.

Service of respondent is complete.

Respondent, Mr. Geetesh Srivastava is also present in person.

There is delay of 5 days in filing of the appeal.

Application No. 690/2019 under Section 5 of the Limitation Act has been filed seeking condonation of delay in filing of the appeal.

For the reasons mentioned in the application, the application is allowed. Delay in filing of the appeal is condoned.

Heard learned counsel for the parties on the appeal.

This appeal is directed against ex-parte order dated 31.01.2019 passed by the Family Court No. 2, Jaipur (for short 'the Family Court') whereby application filed by the respondenthusband under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') has been allowed. The appellant has approached this Court assailing the aforesaid order on the ground that notice sent to the appellant, both by ordinary mode and by registered post, was never served on her and the respondent got an endorsement of refusal in connivance with the postman upon the envelop sent to the appellant through registered post.

Learned counsel for the respondent has opposed the appeal and submitted that the appellant-wife has been deliberately avoiding service and when she refused to accept the registered post notices offered to her, the postman made a remark on the envelop to that effect which has been taken as proof of service upon the respondent.

Having heard learned counsel for the parties and persued the impugned order, we find that application filed by the respondent has been allowed ex-parte. In the opinion of the Court, it is always appropriate that the matrimonial disputes of the present nature are decided on merits by affording opportunity to both the parties to adduce evidence.

We, therefore, are persuaded to set aside the impugned order and direct the parties to appear before the Family Court No. 2, Jaipur on 25.09.2019. We require the Presiding Officer, Family Court to make an effort with the help of Counsellor/Mediator to persuade the parties to arrive at a settlement. If such effort fails, then the Family Court shall not grant more than one month to each of the parties to adduce their evidence and shall decide the main application within two months after completion of the evidence of the parties in accordance with law. While the respondent is present in the Court, learned counsel for the appellant submits that he shall communicate the date fixed by this Court to the appellant.

Appeal is disposed of with the aforesaid directions.

Stay Application No. 1311/2019 also stands disposed of.