Rohit Kumar Ekka VS Ambika Kishan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

D.DASH
Rohit Kumar Ekka – Appellant
Versus
Ambika Kishan – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Rabi Narayan Behera, Advocate
For the Respondent: None

JUDGMENT

D. Dash, J.—The Appellant, by filing this Appeal, under Order 43 Rule 1(u) of the Code of Civil Procedure (for short, ‘the Code’) has assailed the judgment dated 22.01.2021 passed by the learned District Judge, Sundargarh in MAT Appeal No.1 of 2018.

The Appellant being the Petitioner had filed an application under section 13(1)(i-a) of the Hindu Marriage Act, 1955 for dissolution of his marriage with the Respondent-Opposite Party. That application having been allowed ex parte by dissolving the marriage between the parties, the Respondent had carried the Appeal. The Appellate Court after hearing and on going through the record having set aside the ex parte order of dissolution of marriage between the parties, has remanded the matter to the Trial Court permitting the Respondent to file the written statement for its consideration and directing the Trial Court to decide the matter afresh in accordance with law by further providing the parties to lea evidence and argue their case.

2. Learned counsel for the Appellant submits that the Trial Court having taken the pain in sending, notice to the Respondent on several occasions did commit no mistake in passing the ex parte order whe

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