CMs No.37815/2018 & 37816/2018 in CM(M) No.1109/2018 (both for exemption) & CM No.37678/2018 in FAO No.431/2018 (for exemption)

1. Allowed, subject to just exceptions.

2. The applications are disposed of.

CM(M) No.1109/2018 & CM No.37817/2018 (for stay) &

FAO No.431/2018 & CM No.37679/2018 (for condonation of 48 days delay in re-filing the appeal)

3. Both proceedings are taken up together as entail common question of law i.e., interdiction by Family Courts Act, 1984 of remedies against orders in proceedings under the Hindu Marriage Act, 1955.

4. CM(M) No.1109/2018 under Article 227 of the Constitution of India impugns the order [dated 24th July, 2018 in M No.08/2018 of the Court of Principal Judge, Family Court, Shahdara] of dismissal of an application filed by the petitioner under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) and under Section 126(2) of the Code of Criminal Procedure, 1973 (CrPC), for setting aside of the ex-parte order dated 21st February, 2017.

5. The petitioner has not filed the copy of the ex-parte order dated 21st February, 2017, setting aside whereof was sought by filing application which has been dismissed. The petitioner has also not place