Decided on September 04,2019

Chittibomma Veera Venkata Raju Appellant
Chittibomma Sakuntala Respondents


M Venkata Ramana, J. - (1.)This Civil Revision Petition is directed against the orders of the learned Family Judge, Visakhapatnam in I.A.No. 210 of 2013 in O.P.No. 495 of 2011, dated 28.03.2014. It was filed under Section 5 of the Limitation Act to condone a delay of 341 days in filing a petition under Order 9 Rule 13 CPC.
(2.)The petitioner is the husband of the respondent. The respondent instituted O.P.No.495 of 2011 under Section 18 of Hindu Adoption and Maintenance Act for grant of alimony against the petitioner. An ex parte decree was passed on 21.12.2011 against the petitioner directing him to pay monthly maintenance of Rs.12,000/- p.m. from the date of the petition. Earlier to it, the petitioner had filed O.P.No. 1269 of 2009 against the respondent for divorce and it was dismissed on contest.
(3.)In the Court below, the reason assigned by the petitioner was that there was no proper service of notice in the above petition and notice taken out against him by courier was not served on him. He further claimed that he was facing financial problems by then and was being taken care of by his friends. He also claimed that he had requested his friends to engage an advocate at Hyderabad to appear in the above matter on his behalf, and later on, he came to know that an ex parte decree was passed against him. In such circumstances, since there was delay of 341 days in filing an application under Order 9 Rule 13 CPC and in order to permit him to contest the matter, he requested to allow the petition.

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