- (1.) This civil misc. appeal under Section 19 of the Family Courts Act, 1984 has been preferred claiming the following relief: "It is therefore prayed that this appeal may kindly be allowed and order dated 17.04.2017 passed by the learned Family Court, L.D. Kiradu, RHJS, District Sriganganagar in Civil Misc. Case No.67/2013 (Preena @ Manjeet Kaur V/s Baldev Singh) may kindly be quashed and set aside. And application filed by the respondent under Order 9 Rule 13 R/w Section 151 CPC may kindly be rejected. Any other relief, direction that Hon'ble Court may feel just and proper in facts and circumstances of the case may kindly be issued in favour of the petitioner."
(2.) The pleaded case of the appellant is that in a divorce petition filed by him, notices were issued by the learned trial court on 07.07.1986, which were served, but the respondent did not choose to appear before the learned trial court. Thereafter, the learned trial court proceeded ex parte and passed judgment and decree dated 09.07.1987 annulling the marriage between the parties.
(3.) The respondent, in the year 2013, had moved an application under Order 9 Rule 13 CPC before the learned court below for setting aside the ex parte judgment and decree dated 09.07.1987, which was allowed by the learned court below vide the impugned order dated 17.04.2017, while setting aside the said ex parte judgment and decree dated 09.07.1987.;