CUTTACK, India, March 11 -- Orissa High Court issued the following order on Feb. 10:
1. The petitioner-husband in the marriage is before this Court challenging the order dated 29.04.2023 passed by the learned Judge, Family Court, Rourkela in CMA No.18 of 2020.
2. The CMA No.18 of 2020 was filed under section 151 of the C.P.C. for setting aside the order dated 27.11.2019 passed ex-parte against the petitioner in CMA No.09 of 2017.
3. The CMA No. 09 of 2017 arises out of CP No. 235 of 2013. CP No. 235 of 2013 was filed by the opposite party-wife in the marriage and minor girl child born from the wedlock then aged about 8 years under Sections 18 and 20 of the Hindu Adoption and Maintenance Act, 1956. The CP No. 235 of 2013 was disposed of by order dated 11.09.2017 ex-parte due to non-appearance of the petitioner who was the respondent in the said C.P.
4. For setting aside the ex parte order, the present petitioner filed CMA No.09 of 2017 under Order 9 Rule 13 of C.P.C. The CMA No. 09 of 2017 came to be allowed in favour of the petitioner by order dated 28.08.2018.
5. As the events have unfolded, due to non-compliance of the conditional order dated 28.08.2018 for payment of cost of Rs. 5,000/-, the CMA No. 09 of 2017 was disposed of on 27.11.2019 declaring the order passed on 28.08.2018 in CMA No. 09 of 2017 to have become infructuous due to non-attendance and the judgment and decree passed in CP No. 235 of 2013 came to force. Further it was held : in view of the order dated 28.08.2018 declaring that CMA No.09 of 2017 has been rendered infructuous, the judgment and decree dated 11.09.2017 passed in CP No.235 of 2013 became final.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xz8Gs8xIl55oOwdNQ5luoD2Lyl4h5hvqkNPiJjU%2Bpem9&caseno=WP(C)/3455/2026&cCode=1&cino=ODHC010948632025&state_code=11&appFlag=)
Disclaimer: Curated by HT Syndication.
