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GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Sandhya Pawar, W/o. Shri Khilawan Rao Pawar – Appellant
Versus
Khilawan Rao Pawar, S/o. Late Shri Ranjit Rao Pawar – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. Even after repeated calls, no representation is made on behalf of the respondent. The case was passed over, but eventually the efforts of hearing both the parties were futile, as the counsel absented to appear on behalf of the respondent.
2. Heard
3. On the earlier occasion, both the appellant and respondent were directed to appear in person. They appeared and thereafter they were directed to place on record the source of income and assets which are held by them at present. The appellant/wife Smt. Sandhya Pawar has filed the documents; however, neither the affidavit nor any documents have been filed on behalf of the respondent.
4. The present appeal is against the judgment & decree dated 06.04.2019 passed by the Family Court, Rajnandgaon, wherein an exparte judgment & decree was passed in favour of the husband.
5. Learned counsel for the appellant would submit that the appellant was working as Guest Lecturer at Government Higher Secondary School Mohandi, Block Bagbahra, District Mahasamund, as such, the notice which was issued to her in respect of the divorce petition was not served in person to her. Therefore, the learned Family Court fell in error to pr
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Setting aside ex-parte decree of divorce – For a defendant to succeed in application for setting aside ex-parte decree, he has to satisfy court that summons was not duly served or that he was prevent....
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