Neutral Citation No. - 2025:AHC:34686-DB Court No. - 29 Case :- FIRST APPEAL DEFECTIVE No. - 224 of 2025 Appellant :- Bhagwan Shankar Sharma Respondent :- Smt. Geeta Devi Counsel for Appellant :- Rateesh Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Re: Civil Misc. Delay Condonation Application No. 2 of 2025 Heard learned counsel for the appellant. This appeal is reported to be beyond time by 306 days. This is an application supported by an affidavit seeking condonation of delay in filing this appeal. We have perused the delay condonation application as well as the affidavit of the appellant filed in support thereof. Cause shown is sufficient. The delay condonation application is allowed and the delay in filing the appeal is condoned. Office is directed to allot regular number to the appeal. Re: Appeal This appeal is by the husband challenging an order passed by the Family Court, whereby the ex parte decree granted in favour of the appellant has been set aside and the petition under Section 13 of the Hindu Marriage Act, 1955 has been restored to its original number. The order of the Family Court is challenged on the ground that notices were duly served upon the wife before the ex parte decree was granted and therefore, there is no justification for the Family Court to have restored the proceedings. We have heard learned counsel for the appellant and have perused the judgment of the Family Court. The Family Court has returned a specific finding that the notices on the wife were not sent on her correct address and therefore, she was not duly served. The publication also had taken place in newspaper Dainik Hint, which was not having sufficient circulation in the area, where the wife is residing. In view of this fact, the Family Court has found that proper service of notice was not effected upon the wife and therefore, the ex parte decree had caused serious prejudice to the wife. Once, the Family Court by recording cogent reasons has set aside the ex parte decree and restored the proceedings to its original number, we find no illegality or procedural impropriety on account of which any interference in the order of the Family Court would be warranted. Since, the proceedings have otherwise remain pending, we observe that the Family Court shall make all endeavor to conclude the proceedings, expeditiously, by fixing short dates without granting unnecessary adjournment to either of the parties. With the observations made above, this appeal is consigned to records. Order Date :- 10.3.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad