APPLICATION  UNDER ORDER 9, RULE 7 OF CODE OF CIVIL PROCEDURE, 1908, FOR SETTING ASIDE EX PARTE ORDER AND PROCEEDINGS

IN THE COURT OF SH. XX, JUDGE, FAMILY COURT

KARKARDOOMA COURTS, DELHI

HMA XX/20

IN THE MATTER OF :

Abhishek                                                             …..Petitioner

Versus

Sakshi                                                               .… Respondent

DOH: 18.06.2022

APPLICATION  UNDER ORDER 9, RULE 7 OF CODE OF CIVIL PROCEDURE, 1908, ON BEHALF OF RESPONDENT FOR SETTING ASIDE EX PARTE ORDER AND PROCEEDINGS

1. That the present case is pending before this Hon’ble Court and the same is fixed for hearing on 18.06.2022.
2. That the respondent is the wife of the petitioner and after being abandoned by him , is helpless woman totally dependent on his father. The ID proof of the respondent is annexed herewith as Annexure -A.
3. That in the instant matter the respondent was proceeded ex parte and the petitioner was allowed for his ex parte evidence.
4. That as a matter of fact, the respondent could not appear on the earlier dates of hearing as no summons were ever served on the respondent for the instant case.
5. That the petitioner has been able to obtain the ex parte order  by playing fraud and by fraudulent suppression of summons from the respondent.
6. That the respondent has filed a Petition U/s. 125 Cr.P.C. which is pending in the court of Principal Judge, Family Court , Purnia, bearing Maintenance  Case No. XX / 2017. The petitioner has personally entered his appearance and also took part in the mediation proceedings but never revealed about the divorce case pending at Family Court , Karkardooma Courts, Delhi nor even ever tried to  serve the copy of the Divorce Petition there. The copy of  Certified copy of Maintenance Petition Under Section 125 of Cr.P.C. is annexed herewith as Annexure-B.
7. That the respondent is the victim of cruelty and harassment on the demand of dowry and is facing the hardship of life as the petitioner has abandoned  her in a pitiable condition. The respondent had also filed a case on 25.05.2018 under Section 498A, 406, 34 IPC and the Prohibition of Dowry Act  before the Judicial Magistrate, Purnia, Bihar and the same is pending there having Application No. XX/2016. The copy of certified copy of Criminal Complaint dated 25.05.2018  is annexed herewith as Annexure- C.
8. That the respondent suspected seeing the behavior of the petitioner in the mediation proceeding at Family Court , Purnia, Bihar that the petitioner might have filed a divorce case in Delhi and have been trying to get the decree of divorce without her presence playing fraud with the court.
9. That the respondent’s father contacted one advocate in Delhi and instructed him to verify this matter and then, the advocate of the respondent came to know about the present case listed on 27.12.2020 and the presiding officer was on leave on that day.
10. That the matter was next listed on 11.05.2021when there was complete strike called by advocates and no one was even allowed to enter into the court building.
11. That on 22.11.2021, the petitioner could not appear in person because of her being ill as she was suffering from fever and jaundice  and was unable to travel from Purnia to Delhi and the application for setting aside ex parte proceedings / order was not filed by the advocate in her absence and without her signatures. Medical papers/ prescription are annexed herewith.
12. That the delay in the arrival of the respondent before this Hon’ble court was not owing to any negligence on the part of the applicant / respondent , but entirely due to reasons beyond her control.
13. That as the summons were never served on the respondent, and therefore, ex-parte proceeding order dated 26.09.2020 passed by this Hon’ble Court is liable to be set aside as the same has been obtained by petitioner playing fraud.

             PRAYER

It is, therefore, humbly prayed that the ex parte order and proceedings dated 26.09.2020 of  this Hon’ble  Court  may please be set aside in the interest of justice.

Applicant/ Respondent

Through

                                               Avinash Nandan Sharma

                                                      Advocate

Ch.No.671, Patiala House Courts, New Delhi

Mob.8800794128

Place: Delhi

Date: 18.06.2022

IN THE COURT OF SH. XX, JUDGE, FAMILY COURT

KARKARDOOMA COURTS, DELHI

HMA XX/20

IN THE MATTER OF :

Abhishek                                                           …..Petitioner

Versus

Sakshi                                                            .… Respondent

AFFIDAVIT

I,  Sakshi , aged about 26  years , W/o. Abhishek , D/o. Sh. XX, R/o. XXX Distt. XX, Bihar, PIN- 854301, presently at Delhi  ,  do here by solemnly affirm and  declare  as under:-

1. That I am the respondent in the above said case and am well conversant with the facts and circumstances of the case and am competent to swear this affidavit.
2. That accompanying application Under Order 9, Rule7 for setting aside the ex parte order and proceedings has been drafted by my counsel under my instructions and contents of the same have been explained to me in vernacular and understood by me and the same are not being repeated herein for the same of brevity and may be read as part and parcel of this affidavit.
3. I make oath and say that no summons was served on me in this case.
4. That the delay in the arrival of the respondent before this Hon’ble Court was not owing to any negligence on my part , but entirely due to reasons beyond my control.
5. This is my true and correct statement.

DEPONENT

VERIFICATION  

Verified at New Delhi on this day of    18^th    June    2022 , that the contents of  my above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT