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HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B. Civil Misc. Appeal No. 1404/2023

Ashok Kumar S/o Shri Kalu Ram, aged about 28 years, Resident

of Dhandhan, Tehsil Ramgarh, Shekhawati, District Sikar (Raj.)

----Appellant

Versus

Baby W/o Ashok Kumar, D/o Late Shri Moti Lal, aged about 26

years, Resident of Dhandhan, Tehsil Ramgarh Shekhawati,

District Sikar (Raj.). Presently residing at Near Poddaron Ka Kua,

Ratangarh, District Churu. (Raj.)

----Respondent

For Appellant(s)

:

Mr. Rohitash Singh Rathore.

HON'BLE MR. JUSTICE ARUN BHANSALI

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

12/10/2023

1.

This appeal is directed against the order dated 06.07.2023

passed by Additional District Judge, Ratangarh, District Churu

whereby petition filed by respondent seeking dissolution of

marriage under Section 13 (1) (ia) of the Hindu Marriage Act,

1955 has been allowed exparte and marriage between the

appellant and respondent has been dissolved.

2.

A perusal of the appeal indicates that the grounds raised

essentially pertain to the fact that the court below committed

error in placing the appellant exparte and consequently decreed

the petition for dissolution of the marriage.

3.

For the purpose of questioning the validity of placing the

appellant exparte and passing the decree exparte, the appellant is

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having the remedy under Order IX Rule 13 CPC, whereby the

appellant can make out a case for setting aside the exparate

proceedings and challenging the decree on the grounds, which are

available under Order IX Rule 13 CPC, cannot be countenanced.

4.

In view of above fact situation, counsel for the appellant

seeks withdrawal of the appeal with liberty to approach the trial

court by way of filing application under Order IX Rule 13 CPC.

5.

In view of submissions made, the misc. appeal is dismissed

as withdrawn with liberty as aforesaid.

(RAJENDRA PRAKASH SONI),J

(ARUN BHANSALI),J

4-DJ/-