Lata Devi vs Santosh Kumar

Vivek Singh Thakur, J, Ranjan Sharma, J

Appellant has approached this Court, by way of this appeal, assailing the ex-parte judgment dated 15.03.2021, passed by Additional Principal Judge, Family Court, Ghumarwin, District Bilaspur [H.P.], in HMA Petition No.18-3 of 2017, tilted Santosh Kumar v. Lata Devi, whereby, marriage between the parties stands dissolved.

Main contention of the appellant is that she was not properly served for complying the provisions of Order V of the Code of Civil Procedure.

Without going into the merits of the contention of the appellant, as respondent has agreed for setting-aside ex-parte decree for adjudication of the claim(s) of the parties, on merit, before Learned Family/Trial Court, we are setting-aside the ex-parte decree by consent; with direction to the parties to appear before the Family Court on the date to be fixed hereinafter; with further direction that no fresh summons shall be issued by the Family Court for ensuring their presence. On failure in attending the Court on the date so fixed, necessary adverse order shall be passed by the concerned Family Court.

At this stage, it has been submitted by learned counsel for the appellant that appellant is wife of respondent-Santosh Kumar and at present she is residing at Solan, along with her minor son and, therefore, it would be in the interest of justice to direct the transfer of petition preferred by the respondent before Family Court at Ghumarwin, District Bilaspur, Himachal Pradesh, to Family Court, Solan, District Solan, Himachal Pradesh, because respondent-Santosh Kumar, at present, is serving at Baddi and it would be not so inconvenient to him to agitate the cause in Family Court, Solan.

After having instructions, learned counsel for the respondent has consented for transfer of the petition preferred by respondent-Sanotsh Kumar in Family Court, Ghumarwin, District Bilaspur, to Family Court, Solan, District Solan, Himachal Pradesh.

In view of above, ex-parte judgment dated 15.03.2021, passed by Additional Principal Judge, Family Court, Ghumarwin, District Bilaspur [H.P.], in HMA Petition No.18-3 of 2017, tilted Santosh Kumar v. Lata Devi, is set-aside and the petition preferred by respondent-Santosh Kumar, is directed to be revived to its original number and transferred to Family Court, Solan. Family Court, Ghumarwin, District Bilaspur, Himachal Pradesh, is directed to transmit the record of HMA No.18-3 of 2017 to Family Court, Solan, District Solan, Himachal Pradesh, immediately after receiving copy of this order.

Registry shall transmit the copy of this order through electronic mode to Family Court, Ghumarwin, District Bilaspur, Himachal Pradesh, for compliance. Registry is also directed to transmit the copy of this order to Family Court, Solan, for necessary compliance, on its part.

Parties are directed to appear before Family Court, Solan, on 29.07.2024.

Since respondent-husband has filed the petition for dissolution of marriage in the year 2017 and now we are in 2024, therefore, it is made clear that after receipt of copy of petition, appellant-wife shall ensure filing of reply thereto, within four weeks thereafter.

With the aforesaid observations, this appeal stands disposed of alongwith pending miscellaneous application(s), if any.