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High CourtsDivision Bench(2023) 12 UK CK 0083

Shubham Chaudhary vs Sakshi Semwal

Uttarakhand High Court · Decided on 14 December 2023

HON’BLE JUDGES
Manoj Kumar Tiwari, J · Alok Kumar Verma, J
RESULT
Dismissed
CASE NUMBER
Appeal From Order No. 372 Of 2023

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Judgment

7 paragraphs · 345 words

Alok Kumar Verma, J

1.

Due to the absence of the appellant-opposite party in the petition (Case No. 221 of 2022), filed by the respondent-petitioner under Section 8 and Section 11 of the Hindu Marriage Act, 1955, an order was passed on 22.08.2023 to conduct ex-parte proceedings against him. The application filed by the appellant-opposite party for recall of the order dated 22.08.2023 has been dismissed by learned Judge, Family Court, Haridwar vide impugned order dated 29.08.2023. Aggrieved by the impugned order, the present appeal has been filed by the appellant.

2.

Heard Mr. Gaurav Kandpal, learned counsel for the appellant.

3.

Mr. Gaurav Kandpal, Advocate contended that the said case (Case No. 221 of 2022) was listed on 22.08.2023, and when the case was called out, appellant went to call his counsel, but meanwhile, the learned Judge passed the said order dated 22.08.2023.

4.

From perusal of the impugned order, it is found that the application filed by the appellant to summon the witness was allowed, but no steps were taken by the appellant to summon the witness. Even before the order dated 22.08.2023, appellant was absent in the said case on 20.09.2022. An order to proceed ex-parte against him was passed. On the application of the appellant, the said ex-parte order dated 20.09.2022 was recalled on 27.09.2022 and an opportunity of hearing was given to him.

5.

It is also noteworthy here that this Court had directed the Family Court to decide the said petition expeditiously. Despite the said order, delay is found on the part of the appellant. The said petition is fixed for ex-parte arguments. It is also worth noting here that if the appellant was present in the Court on 22.08.2023, then why did he not immediately file an application to recall the ex-parte order. Why did he file the application on 26.08.2023 to recall the said ex-parte order.

6.

In the light of the conduct of the appellant, no force is found in the submission of the appellant’s counsel. Therefore, the present Appeal is dismissed at the Admission stage.