- (1.) SRI Apurb Anand (the Appellant) and Smt. Nivedita (the Respondent) were married on 10.2.1997. A daughter, Km. Yashwini was also born out of the wedlock. Unfortunately, the terms between the parties were not cordial and they started living separately.
(2.) THE Appellant filed matrimonial case no. 842 of 1998 under section 13 of the Hindu Marriage Act for divorce. This case was decreed ex parte on 15.5.1999.
(3.) AFTER expiry of the period mentioned in the decree, the Appellant remarried and out of this wedlock, two daughters were also born. The Respondent also filed suit no. 1986 of 2009 under section 13 of the Hindu Marriage Act. However, this suit was withdrawn on 20.2.2010 and the Respondent filed an application on 18.3.2010 alongwith an application to condone the delay for recalling the judgment and decree dated 15.5.1999 in Matrimonial case no. 842 of 1998.;