FAO-1444-2025 (O&M) 119 IN THE HIGH COURT OF PUNJAB AND HARYANA Mohan Singh Bindra Lovepreet Kaur CORAM: HON HON Present:- Mr. SUDHIR SINGH Challenge in the present passed by learned Principal Judge, Family Court, Shaheed Bhagat Singh Nagar, whereby an application Procedure, 190 and the ex parte 2. It may be noticed that the Hindu Marriage Act, 1955 (for short ‘Act’) was decreed ex parte the aforesaid application under Order IX Rule 13 said judgment and decree. Learned Family Court, after framing issues and recording the evidence of the parties, allowed the said application the respondent/wife was never served 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH Date of Decision: Mohan Singh Bindra versus Lovepreet Kaur HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Mr. Arvind Thakur, Advocate for ***** SUDHIR SINGH, J. Challenge in the present appeal is to the passed by learned Principal Judge, Family Court, Shaheed Bhagat Singh , whereby an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short ‘CPC’) filed by the respondent/wife was allowed, ex parte judgment and decree dated 18.10.2018 It may be noticed that the divorce petition the Hindu Marriage Act, 1955 (for short ‘Act’) ex parte on 18.10.2018. However, the respondent/wife aforesaid application under Order IX Rule 13 said judgment and decree. Learned Family Court, after framing issues and recording the evidence of the parties, allowed the said application the respondent/wife was never served in the petition under Section 13 of the 1 of 2 IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH FAO-1444-2025 (O&M) Date of Decision: March 04, 2025 .….Appellant ….Respondent SUDHIR SINGH SUKHVINDER KAUR , Advocate for the appellant. appeal is to the order dated 02.12.2024 passed by learned Principal Judge, Family Court, Shaheed Bhagat Singh under Order IX Rule 13 of the Code of Civil filed by the respondent/wife was allowed, e dated 18.10.2018 was set aside. divorce petition under Section 13 of the Hindu Marriage Act, 1955 (for short ‘Act’) filed by the appellant/husband on 18.10.2018. However, the respondent/wife moved aforesaid application under Order IX Rule 13 CPC for setting aside the said judgment and decree. Learned Family Court, after framing issues and recording the evidence of the parties, allowed the said application finding that in the petition under Section 13 of the 2 2025 (O&M) March 04, 2025 .Appellant Respondent order dated 02.12.2024 passed by learned Principal Judge, Family Court, Shaheed Bhagat Singh under Order IX Rule 13 of the Code of Civil filed by the respondent/wife was allowed, under Section 13 of filed by the appellant/husband moved CPC for setting aside the said judgment and decree. Learned Family Court, after framing issues and finding that in the petition under Section 13 of the MAHAVIR SINGH 2025.03.12 15:57 I attest to the accuracy and authenticity of this order/ judgment FAO-1444-2025 (O&M) 2 of 2 Act filed by the appellant/husband and that the appellant did not provide her foreign address to the Court, which was available with him and he had rather moved an application for substitute service by concealing true facts. 3. Learned counsel for the appellant has though made a feeble attempt to challenge the aforesaid order by contending that the same is illegal and perverse, yet we find that the order passed by the learned Family Court is only based on the plea raised, which was substantiated by way of evidence by the respondent/wife that she was prevented by sufficient cause from appearing before the Court. Since by way of the impugned order, only ex parte judgment and decree has been set aside and the divorce petition has been restored for its adjudication on merits, we find no reason to interfere with the impugned order passed by the learned Family Court. 4. In view of the above, we find that no indulgence is required to be granted to the appellant. However, we direct the learned Family Court to decide the divorce petition expeditiously preferably within a period of 06 months. 5. Appeal stands disposed of in above terms. 6. Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (SUKHVINDER KAUR) JUDGE March 04, 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.03.12 15:57 I attest to the accuracy and authenticity of this order/ judgment