Dear Experts, their is a situation arises & your advices are needed.
husband filed divorce case at Kanpur Family court u/s 13 HMA-1955, in 2014, January (which is still pending), afterwards wife contested it till 2016 November than stop coming resultant into Ex-partae against wife.
wife filled divorce case at Jaipur F.C under section 13 HMA. husband appears but his presence at High court in other proceedings could not appear on two occasions dates, wheras FC Jaipur proceeded Ex-partae against the husband & passed final order / decree against husband.
husband than filed recall application U/s O 9 R 13 CPC which goes Ex-partae against wife because of her non-appearance. now husband leads his evidence in form of a affidavit along with high court orders certified copy which clearly mentioned husband apprance before high court (on the day fixed at family court Jaipur.)
FC rejected husband application u/s O 9 R 13 CPC by saying even high court order is not showing petioners presence before high court on the day fixed at F.C Jaipur. it's clearly shows intension of F C in rejecting husband application.
my question :
1.) whether husband can file an application U/S 151 CPC before same F C Jaipur for review her own final order in the light of high court exhibit order sheet which clearly mentions petitioner's presence before high court, when the case called at F.C jaipur.?
2). Wether condonation of delay application is to be made with it, as 20 days had passed after getting Certified copy?
kindly help urgently.
Regards,
DVK.
what is your interest in the case?
