Arti Singh v. Ajay Basant Verma

Court No. - 1 Case :- FIRST APPEAL DEFECTIVE No. - 58 of 2023 Appellant :- Arti Singh Respondent :- Ajay Basant Verma Counsel for Appellant :- Himadri Goswami,Aseem Misra Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J. (C.M. Application No.1 of 2023: Application for Condonation of Delay)

¶1Heard learned counsel for the appellant. However, no one has put in appearance on behalf of the respondent.

¶2There is delay of 129 days in filing the instant appeal. The appeal is accompanied with an application for condonation of delay supported by an affidavit.

¶3Cause shown in the affidavit filed in support of application for condonation of delay is sufficient.

¶4The application for condonation of delay is allowed and delay in filing the first appeal is hereby condoned. (order on appeal)

¶5The instant first appeal has been filed under Section 19(1) of Family Courts Act, 1984 challenging the judgment/order dated 01.03.2023 passed by Principal Judge, Family Court, Hardoi in Original Suit No.441 of 2021.

¶6Learned counsel for the appellant has firstly argued that the judgment/order rendered by the Principal Judge, Family Court, Hardoi in Original Suit No.441 of 2021 is an ex parte judgement and secondly, the Family Court at Hardoi did not have jurisdiction to entertain the suit in view of the provisions of Section 19 of the Hindu Marriage Act, 1955.

¶7The grounds urged before this Court can be taken before the court concerned on an application being made by the appellant for setting aside the ex parte decree as well as raising the objections as to the jurisdiction of the Court concerned. A copy of the plaint has not been filed along with the present appeal. This is yet another reason for us not to be in a position to go into the question of jurisdiction.

¶8We leave it open to the appellant for making an appropriate application for setting aside the ex parte decree as well as for raising the question of jurisdiction before the court concerned. In case any such application is filed, the competent court is hereby directed to go into the questions raised in the present appeal and pass necessary order expeditiously, preferably within a period of three months from the date of filing of the application.

¶9It is made clear that both the parties shall be heard in the interest of justice.

¶10The first appeal is, accordingly, disposed of. (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 11.10.2023 Shubhankar High Court of Judicature at Allahabad, Lucknow Bench