Dinesh Chandra Somani, J.

The instant appeal has been preferred by the petitioner-appellant under Section 19 of the Family Courts Act, 1984 against the order dated 15.07.2016 passed by the Judge, Family Court No.2, Jaipur (hereinafter referred as “the Family Court”) in case No.179/2015, whereby the application filed by the petitioner-appellant under Order 9 Rule 13 read with Section 151 CPC for setting aside the exparte decree dated 11.01.2013, was dismissed.

2. Skeletal material facts necessary for disposal of this appeal are that the respondent was married to the appellant on 06.05.2011 according to Hindu rites. The parties herein lived together for sometime and thereafter they separated. Out of the wedlock, the petitioner-appellant gave birth to a child in September, 2012. On 30.05.2012, the non-petitioner respondent herein had filed a petition in Family Court No.1, Jaipur for dissolution of marriage seeking for grant of a decree of divorce on the ground of cruelty. The said petition was allowed and exparte decree was passed on 11.01.2013 by Family Court No.1, Jaipur.

3. Thereafter, on 24.05.2013, the petitioner-appellant had filed an application under Order 9 Rule 13 read with Section 151 CPC along with an application for condonation of delay under Section 5 of the Limitation Act in Family Court No.1, Jaipur, which was later on transferred to the Family Court No.2, Jaipur. It is stated in the application that after the marriage, the appellant became pregnant, she went to her father’s house at Alwar because the respondent used to harass and torture the appellant.

4. It is also stated that during pregnancy, she became physically weak and ill and was in continuous observation and care of the doctors. During this period a summon sent by the Court at her address of Alwar was received by her family member, who kept it aside without information to the appellant due to her critical condition, and mother of the appellant who was residing in Indore took the appellant-wife to Indore in an ambulance, where she gave birth to a child in September, 2012.

5. It is further stated that the appellant-wife had no knowledge of the exparte decree passed against her on 11.01.2013. In May, 2013 the appellant returned from Indore to her father’s house at Alwar, there she came to know about the notice of divorce petition sent by the Family Court. It is further stated that thereafter the appellant-wife sent a member of her family to the Court to find out the status of the divorce petition and then she came to know that the divorce petition has been decreed exparte on 11.01.2013. It is further stated that in above circumstances, the appellant-wife was not able to appear before the Court and prayed to condone the delay caused in filing the application under Order 9 Rule 13 CPC and to set aside the exparte decree dated 11.01.2013 passed against her and also to grant her an opportunity of hearing.

6. The respondent-husband filed reply to the application denying all the material averments of the application and stated therein that summons of the divorce petition were duly served upon the appellant-wife and she had complete knowledge of the case. It is also stated that the appellant was not sick and no medical certificate has been submitted by her in this regard. It is further stated that the appellant gave birth to a child in September, 2012 whereas the judgment in divorce petition was passed on 11.01.2013. It is further stated that the application has been filed to frustrate the re-marriage of the respondent-husband, solemnized after the decree of divorce and prayed to dismiss the application for setting aside the exparte decree.

7. After hearing the parties, learned Family Court vide impugned order dated 15.07.2016, dismissed the application filed by the appellant-wife under Order 9 Rule 13 read with Section 151 CPC for setting aside the exparte decree dated 11.01.2013.

8. Being aggrieved and dissatisfied with the impugned order dated 15.07.2016, the