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Judgment
7 paragraphs · 280 wordsVipin Sanghi, CJ
Heard the learned counsel on the delay condonation application (IA No.2 of 2022) as well as on the merits of appeal.
We have heard learned counsel for the appellant on merits. Since we do not find any merit in the appeal, we are not inclined to go into the aspect of delay. The appellant is aggrieved by the order dated 11.05.2022 passed by the Judge, Family Court, Vikas Nagar, District Dehradun in Misc. Case No.06 of 2021 of O.S. No.101 of 2017. By the impugned order, the respondent-wife’s application under Order 9 Rule 13 CPC to seek setting aside of ex parte decree dated 15.11.2021, has been allowed and the ex parte decree has been set aside.
The learned Judge, Family Court has taken into account the fact that the parties were in mediation during pendency of the proceedings before the Supreme Court for most of the period when the respondent did not appear before the Family Court. It was her categorical case that her counsel had apprised her that in light of the mediation proceedings, she need not appear before the Family Court.
In the light of the aforesaid, and since even the appellant does not dispute the fact that mediation was in progress till 13.08.2021, we are of the view that the respondent was able to bring out sufficient cause for her non-appearance before the Family Court on several dates, which were taken into account by the Family Court while proceeding ex parte against her.
We are, therefore, not inclined to interfere with the impugned order. Accordingly, the present appeal is dismissed.
Pending application, if any, stands disposed of.