IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4092 of 2008 Between: Nakkana Rani @ Padma Rani ..... PETITIONER AND Nakkana Rama Mohan Rao .....RESPONDENT The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4092 of 2008 ORDER: Despite service of notice, none appeared for the respondent. The petitioner is the wife of the respondent. The respondent filed O.P.261/2007 on the file of the Family Court, Visakhapatnam for declaring the marriage as null and void and the said OP was decreed as ex parte on 11.05.2007. The petitioner filed a petition to set aside the said ex parte decree along with an application in I.A.425/2007 to condone the delay of 21 days in filing the set aside petition. The Court below dismissed the said application holding that the petitioner has failed to explain day to day delay and failed to furnish any document to substantiate her contentions. The petitioner filed affidavit stating that she did not know about the passing of ex parte decree on 11.05.2007 and in fact, she has filed a complaint on 02.05.2007 against her husband and his family members and later only she was informed that the O.P. was decreed ex parte, and the delay in filing the application is not willful. I am of the opinion that as the matter being matrimonial matter and the delay is meager, the Court below ought to have condoned the delay. I do not see any justification in dismissing the said application. The Civil Revision Petition is accordingly allowed. The order impugned is set aside and the I.A.425/2007 stands allowed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 18.11.2010 Dsr