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2020 Supreme(Chh) 462

MANINDRA MOHAN SHRIVASTAVA, VIMLA SINGH KAPOOR
Avinash Kumar Singh – Appellant
Versus
Naina Singh – Respondent


Advocates Appeared:
For the Appellant :Shakti Raj Sinha, Advocate
For the Respondents:Sumit Singh Rathod, Advocate

JUDGMENT :

Manindra Mohan Shrivastava, J.

1. This appeal is directed against order dated 24th October 2019 passed by the Family Court, Ambikapur, District-Sarguja in Miscellaneous Case No. 21 of 2018, by which respondent's application for setting aside ex-parte judgment and decree has been allowed and ex-parte judgment and decree dated 21st March 2018, passed in favour of the appellant, has been set aside.

2. Appellant-husband moved an application for grant of decree of divorce before the Family Court. Summons were issued to respondent-wife. She was served and after service, she appeared and applied for grant of permission to engage Amicus Curiae. Prayer was allowed and respondent was allowed to be represented through Amicus Curiae vide order dated 23.6.2017. Respondent filed objection with regard to territorial jurisdiction. When the case was listed for hearing on that application on 6.1.2018, no representation was made, therefore, the Family Court proceeded ex-parte. On that day itself, an application for setting aside ex-parte order was filed by the respondent through the Amicus Curiae. The application was directed to be listed on 31.1.2018. On that day, no representation was made

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