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2022 Supreme(Telangana) 490

A. VENKATESHWARA REDDY
J. Shyam Babu – Appellant
Versus
J. Rajini Kumari – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P Ravi Kiran
For the Respondent: Vedula Srinivas

ORDER :

This Civil Revision Petition is filed by the petitioner under Article 227 of the Constitution of India assailing the impugned orders dated 01.11.2017 passed in I.A.No.602 of 2017 in F.C.O.P.No.503 of 2013 on the file of the XV Additional District & Sessions Judge-cum-II Additional Family Court, Kukatpally at Miyapur.

2. This application in I.A.No.602 of 2017 was filed by the petitioner/wife under Order IX, Rule 13 read with Section 151 of Civil Procedure Code (for short ‘CPC’) to set aside the ex-parte divorce order dated 09.03.2017. The trial Court, on careful appreciation of the facts, set aside the ex-parte decree by condoning 12 days of delay, as per the orders dated 22.06.2017 in I.A.No.601 of 2017.

3. Feeling aggrieved by the said orders, this CRP is filed alleging that the lower Court ought to have considered that the petitioner has already contracted second marriage, the same was informed to the Court and the validity of the second marriage is now in question, the lower Court ought to have considered that by virtue of ex-parte orders dated 09.03.2017 the marriage between the parties has been dissolved and that the petitioner has married one B.Sunitha on 18.04.2017 afte

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