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2016 Supreme(Del) 2753

S.RAVINDRA BHAT, DEEPA SHARMA
PARUL NAHAR – Appellant
Versus
SOUMITRA KUMAR NAHAR – Respondent


Advocates Appeared:
For the Appellant :Mr. Salman Khurshid, Sr. Advocate with Mr. Alok Bhachawat, Ms. Swati Ghildiyal and Ms. Azra Rehman, Advocates.
For the Respondent:Ms. Geeta Luthra, Sr. Advocate with Mr. Attin Shankar Rastogi, Mr. Shivkant Arora and Mr. Rajesh Ranjan, Advocates.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. This appeal under Section 19 of the Family Courts Act questions an order of the Family Court rejecting the wife’s application for setting aside an order (dated 21.02.2015), setting her down ex parte in the husband’s divorce petition.

2. The brief facts are that the appellant (“the wife” hereafter) was arrayed as respondent/opposite party in HMA 821/2011 (subsequently re-numbered as HMA 1383/2014). The respondent herein, (“the husband” hereafter) had preferred a petition seeking dissolution of marriage between the parties, which had been solemnized on 10.12.2000. The couple had two minor children - born on 24.05.2005 and 10.10.2008. Presently, they are in the custody of the appellant. During the pendency of proceedings various orders were made at the behest of one or the other parties. On 1.3.2013, a Division Bench of this Court determined Rs.60,000/- as pendente lite monthly maintenance payouts by the husband to the wife, inclusive of the children’s educational expenses. With respect to the visitation rights in regard to the children, the matter was referred to mediation. Later, the wife had preferred the appeal in respect of certain orders made by t




















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