J.RAJINI KUMARI Vs. J.SHYAM BABU

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner under Article 227 of the Constitution of India assailing the impugned orders dtd. 1/11/2017 passed in I.A.No.602 of 2017 in F.C.O.P.No.503 of 2013 on the file of the XV Additional District and Sessions Judge-cum-II Additional Family Court, Kukatpally at Miyapur.

(2.) This application in I.A.No.602 of 2017 was filed by the petitioner/wife under Order IX, Rule 13 read with Sec. 151 of Civil Procedure Code (for short 'CPC') to set aside the ex-parte divorce order dtd. 9/3/2017. The trial Court, on careful appreciation of the facts, set aside the ex-parte decree by condoning 12 days of delay, as per the orders dtd. 22/6/2017 in LA.No.601 of 2017.

(3.) Feeling aggrieved by the said orders, this CRP is filed alleging that the lower Court ought to have considered that the petitioner has already contracted second marriage, the same was informed to the Court and the validity of the second marriage is now in question, the lower Court ought to have considered that by virtue of ex-parte orders dtd. 9/3/2017 the marriage between the parties has been dissolved and that the petitioner has married one B.Sumtha on 18/4/2017 after expiry of mandatory period of appeal and the second marriage is valid. It is only thirty days period under Sec. 28 of Hindu Marriage Act to file an application to set aside the ex-parte decree but the respondent/wife has filed the application with a delay of 12 days and it was mechanically condoned.