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Judgment
In terms of order dated 10.11.2022 passed by this court, the appellant-wife is present before this court. The respondent-husband is absent on call.
The instant appeal is filed under Order 43 Rule 1(k) of the CPC read with section 19(1) of the Family Court’s Act read with Section 28 of the Hindu Marriage Act, 1955 against the order dated 11.03.2022 passed by the Judge, Family Court, Agartala, West Tripura in case no. Civil Misc. (Restoration) 66 of 2019.
On perusal of the record, prima facie, though it shows that the order passed by the court below with regard to rejecting the application for setting aside the ex parte order dated 26.03.2019 passed in T.S. (Divorce) 195 of 2018 on the ground that despite notice has been served, the respondent-wife did not appear before the court.
Though the order looks to be correct but, this court considers that on humanitarian ground once again an opportunity needs to be given to the respondent-wife, as mere closing the door does not mitigate the issue that the notice has been effectively served.
Considering the above, the impugned order dated 10.11.2022 is set-aside and the matter is remanded back to the Family Court, West Tripura, Agartala and the learned court below shall proceed in accordance with law.
Hence, the appeal is allowed and disposed of.
Personal appearance of the appellant is dispensed with.