YATENDRA SINGH CHOUHAN Vs. HIMANI SISODIA

JUDGEMENT

(1.) This appeal under Section 19 of the Family Court Act, 1984 has been filed by the appellant-husband against his wife assailing the order dated 13.11.2019 passed by learned Family Court No.1, Jodhpur, whereby, the application filed by the appellant herein under Order IX, Rule 7 CPC during the proceeding under Section 9 of the Act of 1955 has been rejected.

(2.) Brief facts of the case are that the respondent - Smt. Himani Sisodia preferred an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against her husband before the learned Family Court on 07.02.2019. After service of the notice of application, the appellant made his appearance on 25.04.2019. Thereafter appellant did not appear before the learned Family Court for consecutive 4-5 dates. On 26.08.2019 learned Family Court ordered ex parte proceeding against the appellant-husband and fixed the next date for pronouncement of order on the application under Section 24 of the Act of 1955, which was filed during the proceeding under Section 9 of the Act of 1955 on 07.02.2019, to which, reply was also filed by the appellant on the first date of his appearance before the learned Family Court i.e. on 25.04.2019.

(3.) Thereafter appellant filed an application under Order IX, Rule 7 CPC before the learned Family Court on 15.10.2019 with the prayer to set aside the ex parte proceeding initiated against him in the application for restitution of conjugal rights.