1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.42 OF 2011 IN CIVIL MISC.APPLICATION NO.74 OF 2010 IN PETITION NO.1146 OF 2007 Manu Rajat Choudhary alias Shreyansi Rajat Choudhary .. Appellant V/s Capt.Rajat Choudhary .. Respondent Mr.Ashwin Ankhad with Ms.Aditi Chavan for the Appellant. Mr.Saeed Akhtar for the Respondent. CORAM: D.B.BHOSALE & R.G.KETKAR, JJ. DATE: 11th October, 2011. P.C.: 1. Heard learned counsel appearing for the parties. By consent of the parties, appeal is taken up for hearing. 2. This appeal is directed against the judgment and order dated 29.10.2010 passed by the Family Court dismissing the Civil Misc.Application No.74 of 2010. The said application was filed for condoning the delay caused in filing the application for setting aside the ex-parte decree dated 27.05.2008 whereby the petition filed by the Respondent-husband for divorce on the ground of 2 cruelty was allowed. 3. Learned counsel for the parties fairly state that we need not record the reasons for allowing this appeal and they have agreed for the following order:- (A) Appeal is allowed. The order dated 29.10.2010 passed on the Civil Misc.Application No.74 of 2010 is set aside, and by consent of the parties the said Civil Misc.Application for condonation of delay is allowed. (B) Family Court shall proceed to hear the application of the Appellant-wife filed on 08.03.2010 for setting aside the ex- parte decree, on its own merits and in accordance with law, as expeditiously as possible. (C) All contentions of the parties are expressly kept open including the right of the Respondent-husband to oppose the prayer for setting aside the ex-parte decree. (D) Learned counsel for the Respondent-husband on instructions states that till this date the Respondent-husband has not re-married. His statement is accepted. (E) It is also open to the Appellant-wife to file an application seeking amendment of her application for setting aside the ex- 3 parte decree, and if such application is filed the same may be considered on its merits and in accordance with law. 4. Appeal stands disposed of in the above terms. In view of disposal of Appeal, Civil Application No.90 of 2011 stands disposed of. (R.G.KETKAR, J.) (D.B.BHOSALE, J.)