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Judgment
S. Abdul Nazeer, J.—Though this matter is posted for orders, by consent of learned counsel for the parties, it is taken up for final hearing, heard and disposed of by this order.
The petitioner filed an application u/s 13(1)(ia) of the Hindu Marriage Act, seeking dissolution of his marriage with the respondent in MAT No. 19/2013 on the file of the Civil Judge (Sr. Dn.), Bellary. In the said case, the respondent was placed ex-parte on 09.04.2013. Therefore, she filed an application under Order-9 Rule 7 of C.P.C., to recall the said order and to permit her to contest the matter. The Court below has allowed the said application by order at Annexure-J dated 22.4.2013. The petitioner has called in question the validity of the said order in this writ petition.
I have heard the learned counsel for the parties.
In the affidavit filed in support of the application., petitioner has categorically stated that she was residing with her parents at Bangalore. The petition was filed in the Court of I Addl. Civil Judge, at Bellary. She was not keeping well. Therefore, she could not travel from Bangalore to Bellary on that day and attend the Court.
The application was opposed by the respondent. On appreciation of the materials placed on record the Court below has allowed the application.
As stated above, the petitioner has filed the case MAT No. 19/2013 against his wife-the respondent herein, seeking dissolution of the marriage. It is clear that the respondent is residing at Bangalore. It is also clear that she could not attend the Court on 09.04.2013 on account of her ill-health. Accepting the reasons assigned, the Court below has rightly allowed the application. I do not find any error in the order. Writ petition is accordingly dismissed. No costs.