JUDGMENT

1. The present misc. appeal under Section 19 of the Family Court Act, 1984 is directed against the order dated 01.03.2017 passed by the Family Court No.1, Bikaner (hereinafter referred to as ’Family Court’) whereby the application preferred by appellanthusband under Order 9 Rule 13 CPC praying to set aside ex parte decree dated 06.05.2016 was rejected.

2. Briefly stated facts of the case are that appellant got married to the respondent-wife on 18.11.2000. The couple has one daughter and one son from the said marriage. The relationship between the parties did not remain cordial. Thus, a petition for divorce under Section 13 of the Hindu Marriage Act was filed by the appellant on the ground of cruelty against respondent-wife before Family Court No.1, Bikaner. The Family Court directed appellant to produce witnesses in support of his petition on 22.04.2014. However, the appellant failed to produce witness for examination on the aforesaid date. The Family Court extended 16 opportunities to the appellant to produce witnesses. In fact, appellant never appeared before Family Court after 13.05.2011. The Family Court on 03.04.2016 allowed last opportunity in favour of the appellant