Madras High Court
Suba @ Kalaivani vs J.Nirmal Babu on 15 July, 2014
Author: R.Subbiah
Bench: R.Subbiah
In the High Court of Judicature at Madras Dated : 15.07.2014 Coram The Honourable Mr.Justice R.SUBBIAH C.M.A.No.1441 of 2011 and M.P.Nos.1 & 2 of 2011 Suba @ Kalaivani ..Appellant ..vs.. J.Nirmal Babu ..Respondent Civil Miscellaneous Appeal has been filed under Order 43 Rule 1(1) of CPC, against the order dated 07.04.2011 passed in I.A.No.66 of 2011 in F.C.O.P.No.391 of 2008 on the file of the Family Court at Salem. For Appellant : Mr.K.Muthu For Respondent : Mr.N.A.Nissar Ahmed JUDGMENT
The present appeal has been filed as against the order passed by the Family Court at Salem in I.A.No.66 of 2011 in F.C.O.P.No.391 of 2003, dated 07.04.2011.
2.The appellant herein is the wife and the respondent herein is the husband. The respondent herein/husband has filed F.C.O.P.No.391 of 2008 for a decree of divorce on the file of the Family Court at Salem. In the said OP, the appellant herein/wife had filed a detailed counter denying the allegations made against her. In the said OP, an exparte decree was passed on 19.08.2009 against the wife/appellant herein. Thereafter, the wife/appellant herein had filed an application to set aside the exparte decree and the same was allowed. Again, on 09.02.2012 since the wife/appellant herein was absent, an exparte decree for divorce was passed by the Court below against her. Hence, the wife/appellant herein filed I.A.No.66 of 2011 seeking to set aside the exparte decree dated 09.02.2012. But, the said application was dismissed by the Court below on 07.04.2011 on a finding that the wife/appellant herein has no intention to get along with the trial, but only to protract the proceedings. Aggrieved over the same, the present appeal has been filed.
3.Heard the submissions made on either side and perused the materials available on record.
4.This Court is of the view that irrespective of the submissions made on either side, in the interest of justice, this appeal could be allowed, so that the appellant herein/wife can have a chance of contesting the case on merits.
5.Therefore, the impugned order is set aside and the matter is remanded back to the Court below. The Court below is directed to take up the main OP, complete the trial and dispose of the OP, within a period of three months from the date of receipt of a copy of this order. The appellant herein is also directed to co-operate for the speedy disposal of the case.
6.With the above terms, this Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petitions are closed. No costs.
15.07.2014 Internet: Yes / No Index : Yes / No ssv Copy to The Family Court Judge, Salem.
R.SUBBIAH, J., ssv C.M.A.No.1441 of 2011 and M.P.Nos.1 & 2 of 2011 15.07.2014