HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD. Vs. KRISHAN CHAND MALHOTRA
LAWS(HPH)-2016-3-168
HIGH COURT OF HIMACHAL PRADESH
Decided on March 31,2016

Himachal Pradesh State Electricity Board Ltd. Appellant
VERSUS
Krishan Chand Malhotra Respondents

JUDGEMENT

ANIL K.NARENDRAN,J. - (1.) The appellant is the respondent in O.P.No.2251 of 2012 on the file of the Family Court, Thrissur, a petition filed by the respondent herein for a decree of restitution of conjugal rights. On receipt of notice, the appellant entered appearance and filed her objections in the said O.P. But, she failed to appear before the Family Court on the subsequent posting dates and as such, she was set ex parte. The respondent herein filed proof affidavit and the Family Court allowed the O.P. by an ex parte order dated 31.07.2014. Paragraphs 4 and 5 and the operative portion of the said order read thus; "4. The petitioner filed affidavit in support of the averments in the petition. 5. From the evidence, averments in the petition are proved. In the result, the petition is allowed as follows; The respondent is directed to come and reside with the petitioner within one month from the date of decree. If she fails to obey the decree, the petitioner will be entitled to get it executed through court."
(2.) Feeling aggrieved by the ex parte decree of the Family Court in O.P.No.2251 of 2012 the appellant is before this Court in this appeal.
(3.) This appeal was filed with a delay of 335 days. By a separate order passed on this date we have condoned the delay in filing the appeal.;


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